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McKINNEY v. STATE

No. 98-01797.

736 So.2d 750 (1999)

Kelvin M. McKINNEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

June 30, 1999.

Attorney(s) appearing for the Case

Robert A. Miller of Rothwell & Barker, P.A., St. Petersburg, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Ann Pfeiffer Howe, Assistant Attorney General, Tampa, for Appellee.

SCHEB, JOHN M., (Senior) Judge.

Kelvin M. McKinney challenges his conviction and sentence for trafficking in cocaine. We reverse and remand for entry of a judgment of conviction for possession of cocaine and for resentencing.

The State's information charged McKinney with trafficking in cocaine, a violation of section 893.135, Florida Statutes (1997). A jury found him guilty as charged. The trial court adjudicated him guilty, sentenced

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