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ALBURY v. STATE

No. 90-2689.

585 So.2d 509 (1991)

John ALBURY, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

September 24, 1991.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Elliot H. Scherker, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Mark S. Dunn, Asst. Atty. Gen., for appellee.

Before BARKDULL, HUBBART and COPE, JJ.

PER CURIAM.

John Albury appeals his conviction and sentence for possession of cocaine. In accordance with the State's confession of error, which is well taken, we reverse the conviction and sentence on that count.

Albury was convicted of possession of cocaine with intent to sell (count I) and possession of the same cocaine (count II). Albury contends, and the State concedes, that the offense of possession is subsumed...

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