SUTTON v. STATE

No. 2D10-99.

96 So.3d 983 (2012)

Isaac SUTTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied September 20, 2012.


Attorney(s) appearing for the Case

James Marion Moorman , Public Defender, and Ivy R. Ginsberg , Special Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Anne Sheer Weiner , Assistant Attorney General, Tampa, for Appellee.


WHATLEY, Judge.

Isaac Sutton challenges his convictions for sale or delivery of a controlled substance within 1000 feet of a school and possession of cocaine. He also challenges his sentence for the possession conviction. Although we agree with Sutton that the trial court made an evidentiary error, we find that error harmless and affirm his convictions, but we reverse his sentence for possession of cocaine and remand for resentencing.

The trial court erroneously...

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