Opinion
No. 88-01401.
August 8, 1990.
Appeal from the Circuit Court for Hillsborough County; Edward H. Ward, Judge.
James Marion Moorman, Public Defender, and Kevin Briggs, Asst. Public Defender, Bartow, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and William I. Munsey, Jr. Asst. Atty. Gen., Tampa, for appellee.
Appellant Anthony Rogers argues, and the state concedes, that his conviction and sentence for possession of heroin must be vacated on the authority of Gordon v. State, 528 So.2d 910 (Fla. 2d DCA 1988). Appellant's conviction for delivery of heroin and the sentence therefor are affirmed.
RYDER, A.C.J., and DANAHY and ALTENBERND, JJ., concur.