SMITH v. STATE

No. 86-3097.

530 So.2d 490 (1988)

Jimmy Lee SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 2, 1988.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Deborah K. Brueckheimer, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and James A. Young, Asst. Atty. Gen., Tampa, for appellee.


SCHEB, Acting Chief Judge.

The defendant, Jimmy Lee Smith, raises two issues on appeal, only one of which we find meritorious. Smith was adjudicated guilty of possession of cocaine and possession of paraphernalia. His recommended guidelines sentence was any nonstate prison sanction. The court, however, sentenced Smith to four years' imprisonment on the cocaine charge and one year imprisonment on the paraphernalia charge, the terms to run concurrently.

The...

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