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STATE v. THOMAS

No. 87-665.

528 So.2d 1274 (1988)

The STATE of Florida, Appellant, v. Henry Lee THOMAS, Appellee.

District Court of Appeal of Florida, Third District.

July 26, 1988.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Ivy R. Ginsberg, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and Karen M. Gottlieb, Asst. Public Defender, for appellee.

Before NESBITT and DANIEL S. PEARSON and FERGUSON, JJ.

DANIEL S. PEARSON, Judge.

Upon his conviction for possession of crack cocaine in violation of Section 893.13(1)(e), Florida Statutes (1985), the defendant was sentenced to three years in prison. Because the maximum sentence allowable for this third-degree felony was five years imprisonment, § 775.082, Fla. Stat. (1985), the sentence was necessarily below the guideline sentence of twelve to seventeen years recommended for this defendant, who had a substantial...

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