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WOODS v. STATE

No. 86-1603.

509 So.2d 1370 (1987)

Kenneth Ray WOODS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

July 23, 1987.

Attorney(s) appearing for the Case

Kenneth J. Cotter, Orlando, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Paula C. Coffman, Asst. Atty. Gen., Daytona Beach, for appellee.

ORFINGER, Judge.

Defendant appeals his conviction and sentence. We affirm the conviction, but vacate the sentence because the departure from the presumptive guidelines sentence was invalid.

Defendant was charged with trafficking in cocaine1 and unlawful possession of cannabis.2 In what was obviously an exercise of its pardon power, the jury found defendant guilty of the lesser offense of possession...

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