Lopez v. State

District Court of Appeal of Florida

Lopez v. State

601 So. 2d 304, 1992 Fla. App. LEXIS 7224, 17 Fla. L. Weekly Fed. D 1550

Procedural entryThis page is a short order in Lopez v. State. Read the opinion of the Court — 555 So. 2d 1298 →

District Court of Appeal of Florida·Decided June 23, 1992·No. No. 91-2805·Published

Opinion

PER CURIAM.

Appellant, Wilfredo Lopez (Lopez), asserts that the trial court erred in imposing a seven-year sentence for the offense of possession of cocaine, which was count two of the information. The State concedes error.

Our independent review of the record reveals that the trial court did err in sentencing Lopez to a prison term exceeding five years for possession of cocaine. §§ 893.13(1)(f), 775.082(3)(d), Fla.Stat. (1991). Finding no merit in Lopez’s other contentions, we reverse and remand for sentencing pursuant to statutory law for possession of cocaine.

Reversed and remanded.

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PER CURIAM.

Appellant, Wilfredo Lopez (Lopez), asserts that the trial court erred in imposing a seven-year sentence for the offense of possession of cocaine, which was count two of the information. The State concedes error.

Our independent review of the record reveals that the trial court did err in sentencing Lopez to a prison term exceeding five years for possession of cocaine. §§ 893.13(1)(f), 775.082(3)(d), Fla.Stat. (1991). Finding no merit in Lopez’s other contentions, we reverse and remand for sentencing pursuant to statutory law for possession of cocaine.

Reversed and remanded.

Lopez v. State, 601 So. 2d 304, 1992 Fla. App. LEXIS 7224, 17 Fla. L. Weekly Fed. D 1550 (Fla. Ct. App. 1992).

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