Sumpter v. State

Full title: LONNY LAWRENCE SUMPTER, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Oct 11, 1988

531 So. 2d 1055 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-1969.

October 11, 1988.

Appeal from the Circuit Court, Dade County, Ellen J. Morphonios, J.

Bennett H. Brummer, Public Defender, and Marti Rothenberg, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Fariba N. Komeily, Asst. Atty. Gen., for appellee.

Before BARKDULL, DANIEL S. PEARSON and JORGENSON, JJ.

PER CURIAM.

The Order of Revocation of Community Control is affirmed. The five-and-one-half-year prison term imposed upon the defendant on Count II, which charges the offense of possession of cocaine in violation of Section 893.13, Florida Statutes (1985), exceeds the maximum sentence which may be imposed for this third-degree felony and is accordingly reduced to five years. See § 775.082(3)(d), Fla. Stat. (1987). As modified, the sentence is affirmed.

AFFIRMED.