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LEVY v. STATE

No. 2D09-1066.

36 So.3d 934 (2010)

Antonio S. LEVY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

June 18, 2010.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Megan Olson, Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee.

WHATLEY, Judge.

Antonio Levy challenges his sentence of eighteen months for the first-degree misdemeanor of possession of less than twenty grams of cannabis.1 See § 893.13(6)(b), Florida Statutes (2008). The State concurs that because a first-degree misdemeanor is punishable by up to only one year in jail, § 775.082(4)(a), Levy must be resentenced.

After a jury found Levy guilty of the third-degree felony of delivery...

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