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THOMAS v. STATE

No. 96-0565.

695 So.2d 1288 (1997)

Robert Henry THOMAS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 25, 1997.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Gary Caldwell, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Ettie Feistmann, Assistant Attorney General, West Palm Beach, for appellee.

KLEIN, Judge.

Appellant was convicted of sale of cocaine and possession with intent to sell, and argues that he is entitled to a new trial under Coney v. State, 653 So.2d 1009 (Fla.), cert. denied, ___ U.S. ___, 116 S.Ct. 315, 133 L.Ed.2d 218 (1995). We affirm his convictions, but reverse his habitual offender sentence.

In Coney, our supreme court construed...

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