Opinion
No. 90-2782.
May 21, 1991.
An Appeal from the Circuit Court for Dade County; Michael Salmon, Judge.
Bennett H. Brummer, Public Defender, and Carol J.Y. Wilson, Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., and Leslie Schreiber, Asst. Atty. Gen., for appellee.
Before NESBITT, FERGUSON and LEVY, JJ.
We affirm the defendant's conviction and sentence for cocaine trafficking. Based on our inspection of the record and the state's confession of error, we vacate the sentence entered on the defendant's additional conviction of cocaine possession. Defendant was sentenced to eight years for this third-degree felony when the maximum guidelines sentence for such an offense is five years. § 775.082(3)(d), Fla. Stat. (1989). Accordingly, we remand for proper sentencing on the possession conviction.