Carvajal v. State

District Court of Appeal of Florida

Carvajal v. State

392 So. 2d 287, 1980 Fla. App. LEXIS 17737

CourtDistrict Court of Appeal of Florida

DecidedDecember 5, 1980

DocketNo. 80-406

StatusPublished

Cited by3 cases

This text of 392 So. 2d 287 (Carvajal v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Carvajal v. State, 392 So. 2d 287, 1980 Fla. App. LEXIS 17737 (Fla. Ct. App. 1980).

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Opinion

DANAHY, Judge.

Jamie Carvajal appeals convictions and sentences for importation of marijuana, possession of more than 100 pounds of marijuana, ' and possession of marijuana with intent to sell. The only issue he raises which we feel to have merit is the legality of his sentence for count 3, possession of more than 100 pounds of marijuana.

Appellant was fined $10,000 and sentenced to a ten-year prison term for this offense. However, this court has held in Reinersman v. State, 382 So.2d 325 (Fla. 2d DCA 1980), that simple possession of more than 100 pounds of marijuana is a third degree felony which carries a maximum prison term of five years and a maximum fine of $5,000. § 775.083(l)(c) and § 775.-082(3)(d), Fla.Stat. (1977). Thus both the fine and the prison term imposed upon appellant on this count are excessive and must be reversed.

Accordingly, appellant’s sentence on count 3 is vacated and the cause is remanded for correction of the sentence on this count. Appellant need not be present for this purpose. The judgments and sentences are otherwise affirmed.

REVERSED AND REMANDED WITH DIRECTIONS.

RYDER, Acting C. J., and SILVER-TOOTH, LYNN N., Associate Judge, concur.

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DANAHY, Judge.

Jamie Carvajal appeals convictions and sentences for importation of marijuana, possession of more than 100 pounds of marijuana, ' and possession of marijuana with intent to sell. The only issue he raises which we feel to have merit is the legality of his sentence for count 3, possession of more than 100 pounds of marijuana.

Appellant was fined $10,000 and sentenced to a ten-year prison term for this offense. However, this court has held in Reinersman v. State, 382 So.2d 325 (Fla. 2d DCA 1980), that simple possession of more than 100 pounds of marijuana is a third degree felony which carries a maximum prison term of five years and a maximum fine of $5,000. § 775.083(l)(c) and § 775.-082(3)(d), Fla.Stat. (1977). Thus both the fine and the prison term imposed upon appellant on this count are excessive and must be reversed.

Accordingly, appellant’s sentence on count 3 is vacated and the cause is remanded for correction of the sentence on this count. Appellant need not be present for this purpose. The judgments and sentences are otherwise affirmed.

REVERSED AND REMANDED WITH DIRECTIONS.

RYDER, Acting C. J., and SILVER-TOOTH, LYNN N., Associate Judge, concur.

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Bluebook (online)

392 So. 2d 287, 1980 Fla. App. LEXIS 17737, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carvajal-v-state-fladistctapp-1980.

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