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SMITH v. STATE

No. 97-05327.

728 So.2d 324 (1999)

Eddie Lee SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 26, 1999.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Richard J. Sanders, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Eddie Lee Smith appeals the habitual offender sentences imposed for sale of cocaine and possession of cocaine. We affirm the sentence on the sale of cocaine conviction; however, habitual offender sentencing is not authorized for a drug possession conviction. See § 775.084(1)(a)3., Fla. Stat. (1997). Accordingly, we reverse the habitual offender sentence imposed for possession of cocaine and remand for sentencing under the guidelines. We note...

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