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Kelly v. State

District Court of Appeal of Florida, First District
Sep 8, 2000
766 So. 2d 466 (Fla. Dist. Ct. App. 2000)

Opinion

Case No. 1D99-4460

Opinion filed September 8, 2000.

An appeal from the Circuit Court for Escambia County. John P. Kuder, Judge.

Nancy A. Daniels, Public Defender, and P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, Attorneys for Appellant.

Robert A. Butterworth, Attorney General, and Laura Fullerton Lopez, Assistant Attorney General, Tallahassee, Attorneys for Appellee.


In this direct appeal, Appellant challenges his convictions for possession of cocaine with intent to distribute and possession of cocaine as violative of double jeopardy. The State properly concedes error. Therefore, we affirm the conviction for possession of cocaine with intent to distribute, vacate the conviction for possession of cocaine, and remand for resentencing with a corrected scoresheet.

BOOTH and BENTON, JJ., and SHIVERS, DOUGLASS B., SENIOR JUDGE, CONCUR.


Summaries of

Kelly v. State

District Court of Appeal of Florida, First District
Sep 8, 2000
766 So. 2d 466 (Fla. Dist. Ct. App. 2000)
Case details for

Kelly v. State

Case Details

Full title:ERIC GREEN KELLY, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Sep 8, 2000

Citations

766 So. 2d 466 (Fla. Dist. Ct. App. 2000)