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STATE v. MESSINA

No. 4D08-762.

13 So.3d 153 (2009)

STATE of Florida, Appellant, v. Andrew MESSINA, Appellee.

District Court of Appeal of Florida, Fourth District.

June 10, 2009.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Tallahassee, and Melanie Dale Surber, Assistant Attorney General, West Palm Beach, for appellant.

No appearance for appellee.

PER CURIAM.

The state appeals the sentence imposed upon Andrew Messina by the trial court. Messina pleaded guilty to possession of marijuana with intent to sell pursuant to section 893.13(1)(a)2., Florida Statutes (2007), a third degree felony. Over the state's objection, the trial court sentenced Messina to time served and withheld adjudication. The state argues the trial court imposed an illegal sentence. We agree and reverse.

In State v. Tribble,

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