MOORE v. STATE

No. 2D08-3019.

18 So.3d 715 (2009)

Sandy Antonio MOORE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 2, 2009.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Douglas S. Connor, Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Marilyn Muir Beccue, Assistant Attorney General, Tampa, for Appellee.


ALTENBERND, Judge.

Sandy Antonio Moore appeals his judgment and sentence for possession of cocaine with intent to sell within one thousand feet of a church. We reverse the judgment and remand for entry of a judgment for the lesser-included offense of possession of cocaine with intent to sell. The reversal requires that we also reverse the sentence and remand for resentencing.

A Winter Haven police officer witnessed Mr. Moore selling cocaine to another man...

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