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STEPHNEY v. STATE

No. 89-2660.

564 So.2d 1246 (1990)

Henry STEPHNEY, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

August 7, 1990.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Valerie Jonas, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Angelica D. Zayas, Asst. Atty. Gen., for appellee.

Before HUBBART, NESBITT and BASKIN, JJ.

PER CURIAM.

Defendant appeals his nine-year sentence for purchasing cocaine. We vacate the sentence and remand for further proceedings consistent with the following analysis.

Henry Stephney was convicted of purchasing a $5.00 rock of crack cocaine from an undercover Miami police officer. At the defendant's arraignment, the trial judge offered Stephney 364 days in jail plus placement in a drug rehabilitation program in exchange for his guilty plea. The defendant...

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