Opinion
No. 88-00160.
March 21, 1990.
Appeal from the Circuit Court for Collier County; Ted Brousseau, Judge.
James Marion Moorman, Public Defender, and Robert D. Rosen, Asst. Public Defender, Bartow, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Wendy Buffington, Asst. Atty. Gen., Tampa, for appellee.
Appellant argues, and the state concedes, that the trial court erred in convicting and sentencing appellant for both sale of cocaine and possession of cocaine with intent to sell, where the cocaine in question consisted of a single "rock." See Wright v. State, 557 So.2d 906 (Fla. 2d DCA 1990). Accordingly, we direct the trial court to vacate the judgment and sentence for possession with intent to sell.
HALL, A.C.J., and PATTERSON and ALTENBERND, JJ., concur.