JOHNSON v. STATE

No. 4D00-1965.

796 So.2d 1227 (2001)

Ricardo JOHNSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 10, 2001.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Cherry Grant, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Donna L. Eng, Assistant Attorney General, West Palm Beach, for appellee.


WARNER, J.

Appellant challenges his conviction for possession of hydrocodone. He contends that his original conviction for trafficking in hydrocodone should have been dismissed after Hayes v. State, 750 So.2d 1 (Fla.1999). Instead, on remand, the trial court reduced it to a possession conviction. We agree that the charge should have been dismissed, although we base this decision on the ground that counsel was ineffective...

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