VALDEZ v. STATE

No. 87-02090.

550 So.2d 26 (1989)

Orlando VALDEZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

August 2, 1989.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and John T. Kilcrease, Jr., Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.


PER CURIAM.

Orlando Valdez challenges the denial of his motion for acquittal during a non-jury trial on a charge of trafficking in cocaine. We find there was sufficient evidence to sustain the conviction and affirm the judgment. We remand, however, due to error in the sentencing.

At the conclusion of the appellant's bench trial, the court inquired about the maximum sentence and then, "for purposes of appeal," sentenced the appellant to the maximum thirty years...

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