SMITH v. STATE

No. 5D99-1874.

762 So.2d 577 (2000)

Reshard SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

July 14, 2000.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Anne Moorman Reeves, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee.


PETERSON, J.

Reshard Smith appeals his conviction of possession of cocaine within 1000 feet of a church with intent to sell, a violation of section 893.13(1)(e)1, Florida Statutes (1999). We reverse and remand with instructions to the trial court to reduce the conviction to possession of cocaine and to resentence accordingly.

Approached by a police officer in front of an apartment building, Smith ran into one of the apartments with the officer in pursuit....

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