KELLY v. STATE

No. 88-01770.

552 So.2d 312 (1989)

Jessie KELLY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 17, 1989.


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 Stephen A. Baker, Asst. Atty. Gen., Tampa, for appellee.


PER CURIAM.

In the present case appellant Jessie Kelly was placed on probation (adjudication withheld) for both purchase and possession of the same quantity of cocaine. §§ 893.13(1)(a)(1) and (1)(f), Fla. Stat. (1987). Accordingly the lesser charge must be vacated. See Lewis v. State, 545 So.2d 427 (Fla. 2d DCA 1989).

We further find that appellant, an indigent, was assessed costs without prior notice or...

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