PAYNE v. STATE

No. 97-4034.

720 So.2d 555 (1998)

Jeffrey PAYNE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 2, 1998.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Marcy K. Allen, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellee.


SHAHOOD, Judge.

We affirm appellant's, Jeffrey Payne, conviction and sentence for possession of cocaine and resisting arrest without violence.

The maximum penalty for the third-degree felony of possession of cocaine is five years or sixty months imprisonment. See §§ 893.13(6)(a) and 775.082(3)(d), Fla. Stat. (1997). In this case, appellant's scoresheet reflected a recommended sentence of 61.2 months...

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