Opinion
Nos. 74-1543 to 74-1545.
September 5, 1975.
Appeal from the Circuit Court, Pinellas County, William L. Walker, J.
Law Offices of Alex D. Finch, Clearwater, for appellant.
Robert L. Shevin, Atty. Gen., Tallahassee, and Mary Jo M. Gallay, Asst. Atty. Gen., Tampa, for appellee.
Appellant was convicted of three violations of the Florida Comprehensive Drug Abuse Prevention and Control Act and was given concurrent four-year sentences for each conviction. These judgments are affirmed.
However, the crime prosecuted in case no. 74-4596 (appeal case no. 74-1543) was a misdemeanor, rather than a felony. It was properly triable in circuit court under Fla. Stat., § 26.012(2)(d) (1973), but the sentence could not exceed the one year maximum for a misdemeanor. Therefore, the sentence in that case is hereby reduced to a term of one year, and the court below is requested to correct its records accordingly.
HOBSON, Acting C.J., and GRIMES and SCHEB, JJ., concur.