MILLER v. STATE

No. 95-05082.

694 So.2d 884 (1997)

Marie A. MILLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

June 13, 1997.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Carol J.Y. Wilson, Assistant Public Defender, Clearwater, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Anne E. Sheer, Assistant Attorney General, Tampa, for Appellee.


SCHOONOVER, Judge.

The appellant, Marie A. Miller, challenges the judgments and sentences imposed upon her after she pled nolo contendere to delivery of cocaine, possession of cocaine, and possession of drug paraphernalia. We find that the trial court erred by denying the appellant's motion for discharge on the delivery of cocaine charge. We, accordingly, reverse and remand with instructions to discharge the appellant in that case and to resentence her on the remaining...

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