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DE LA CRUZ LEON v. STATE

No. 88-1136.

549 So.2d 1211 (1989)

Rafael DE LA CRUZ LEON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 18, 1989.

Attorney(s) appearing for the Case

Joseph M. Gersten, Anthony Vitale, Coral Gables, and John Lipinski, Miami, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and Carol Cobourn Asbury, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We affirm in all respects, except one. On the authority of Carawan v. State, 515 So.2d 161 (Fla. 1987), we reverse the defendant's conviction and sentence for possession of cocaine and remand to the trial court with instructions to vacate the conviction and sentence in Count III.

AFFIRM IN PART; REVERSE IN PART AND REMAND IN PART.

HERSEY, C.J., and GUNTHER and WARNER...

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