JOHNSON v. STATE

No. 91-1462.

606 So.2d 1287 (1992)

Johnny Lee JOHNSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 12, 1992.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Ellen Morris, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Sarah B. Mayer, Asst. Atty. Gen., West Palm Beach, for appellee.


PER CURIAM.

Appellant appeals a judgment and sentence. We reverse and remand with direction.

Appellant first contends, and the state agrees, that appellant's sentence of seven years for the count of possession of cannabis with intent to sell exceeds the statutory maximum of five years. Possession of cannabis with intent to sell is a third degree felony for which the maximum sentence is five years. Sections 775.082(3)(d), 893.03(1)(c)(4), Fla. Stat. (1989)...

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