McINTOSH v. STATE

No. 91-0110.

597 So.2d 987 (1992)

Ian McINTOSH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 27, 1992.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Paul E. Petillo, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Dawn S. Wynn, Asst. Atty. Gen., West Palm Beach, for appellee.


PER CURIAM.

REVERSED. The state has conceded that the appellant's sexual battery conviction should be reversed and the cause remanded for entry of judgment for the lesser included offense of battery. The state has also conceded that appellant's sentence for possession of cocaine exceeded the legal maximum sentence for that offense. The parties are also in agreement that the appellant is entitled to credit against his possession sentence for time previously served...

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