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HARRIS v. STATE

No. 95-3647.

695 So.2d 742 (1996)

Kendrick HARRIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

November 7, 1996.

Attorney(s) appearing for the Case

Thomas F. Woods of Gatlin, Woods and Carlson, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General, and Trisha E. Meggs, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Although we affirm the appellant's conviction for possession of cannabis with intent to sell, we vacate the habitual felony offender sentence because possession with intent to sell is "a violation of section 893.13 relating to the purchase or the possession of a controlled substance." § 775.084(1)(a)3, Fla. Stats.; see Grene v. State, 21 Fla. L. Weekly D1145, ___ So.2d ___ [1996 WL 252248] (Fla. 3d DCA May 15, 1996); Houser v. State,

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