KELLY v. STATE

No. 4D07-671.

957 So.2d 108 (2007)

Geraldine KELLY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 16, 2007.


Attorney(s) appearing for the Case

Geraldine Kelly, Fort Lauderdale, pro se.

Bill McCollum, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

We affirm the trial court's summary denial of three of appellant's claims raised in her Florida Rule of Criminal Procedure 3.850 motion. The state agrees that appellant's claim that her ten-year sentence on count III for possession of alprazolam with intent to sell has merit because the sentence is illegal. Possession of alprazolam, a schedule IV controlled substance, even if it is with intent to sell, is a third degree felony. § 893.13(1)(a)2, Fla...

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