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LEE v. STATE

No. 92-1242.

619 So.2d 1016 (1993)

Calvin LEE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 13, 1993.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Julie M. Levitt, Sp. Asst. Public Defender, for appellant.

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

Before BARKDULL, NESBITT and GODERICH, JJ.

PER CURIAM.

The defendant, Calvin Lee, appeals his conviction and sentence for conspiracy to traffic in cocaine and trafficking in cocaine. We affirm, in part, and reverse and remand, in part.

We must agree with the defendant and the state that the judgment incorrectly reflects the conviction for conspiracy to traffic as a first degree felony. A conspiracy to traffic in cocaine is a second degree felony because the underlying offense, trafficking in cocaine...

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