ROGERS v. STATE

No. 2D01-1669.

821 So.2d 461 (2002)

John Henry ROGERS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 24, 2002.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Howardene Garrett, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appellee.


DAVIS, Judge.

John Henry Rogers challenges his sentence for possession of cocaine. He argues that the sentence imposed after retrial was improper because it was more severe than the original sentence imposed. We agree and reverse.

Rogers was charged by information with aggravated battery and possession of cocaine. He was found guilty of both charges at a jury trial, and the trial court sentenced him to concurrent terms of four and one-half years' incarceration...

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