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BROWN v. STATE

No. 4D04-426.

909 So.2d 460 (2005)

Glenn Henry BROWN, III, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 24, 2005.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Louis G. Carres, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Heidi L. Bettendorf, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

We find no error in the denial of appellant's motion to withdraw his plea to sale of cocaine. The court, however, also convicted and sentenced him for possession of cocaine, a separate count which the state had announced it would nolle pros. Because there was no plea to the possession count, we reverse the conviction and sentence on the possession count.

FARMER, KLEIN, and GROSS...

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