K.A.O. v. State

District Court of Appeal of Florida

K.A.O. v. State

682 So. 2d 708, 1996 Fla. App. LEXIS 12118, 1996 WL 661059

CourtDistrict Court of Appeal of Florida

DecidedNovember 15, 1996

DocketNo. 95-2963

StatusPublished

This text of 682 So. 2d 708 (K.A.O. 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

K.A.O. v. State, 682 So. 2d 708, 1996 Fla. App. LEXIS 12118, 1996 WL 661059 (Fla. Ct. App. 1996).

Pincite

Opinion

W. SHARP, Judge.

We affirm K.AO.’s conviction for possession of cocaine¹ and possession of drug paraphernalia.² However, we find the trial court erred in sentencing K.A.O. to a suspended commitment until his nineteenth birthday: a period of one year and one month. This term exceeded the statutory maximum sentence allowed by law for the offense of possession of drug paraphernalia, a first degree misdemeanor.³ The trial judge also improperly imposed the same sentence for both counts. Dorfman v. State, 351 So.2d 954 (Fla.1977).

We vaeate the sentence and remand for resentencing on each count within the statutory maximum term allowed for each offense.

Sentence VACATED; REMANDED for resentencing.

COBB and GOSHORN, JJ., concur.

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W. SHARP, Judge.

We affirm K.AO.’s conviction for possession of cocaine¹ and possession of drug paraphernalia.² However, we find the trial court erred in sentencing K.A.O. to a suspended commitment until his nineteenth birthday: a period of one year and one month. This term exceeded the statutory maximum sentence allowed by law for the offense of possession of drug paraphernalia, a first degree misdemeanor.³ The trial judge also improperly imposed the same sentence for both counts. Dorfman v. State, 351 So.2d 954 (Fla.1977).

We vaeate the sentence and remand for resentencing on each count within the statutory maximum term allowed for each offense.

Sentence VACATED; REMANDED for resentencing.

COBB and GOSHORN, JJ., concur.

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Bluebook (online)

682 So. 2d 708, 1996 Fla. App. LEXIS 12118, 1996 WL 661059, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kao-v-state-fladistctapp-1996.

Opinion

W. SHARP, Judge.

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