Pruitt v. State

District Court of Appeal of Florida

Pruitt v. State

403 So. 2d 988, 1980 Fla. App. LEXIS 17928

CourtDistrict Court of Appeal of Florida

DecidedDecember 24, 1980

DocketNo. 79-1536

StatusPublished

Cited by2 cases

This text of 403 So. 2d 988 (Pruitt 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.

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Pruitt v. State, 403 So. 2d 988, 1980 Fla. App. LEXIS 17928 (Fla. Ct. App. 1980).

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Opinion

RYDER, Judge.

James B. Pruitt appeals his conviction for attempted possession of more than 100 pounds of marijuana. We find no merit in the points raised on appeal and affirm the conviction. However, we remand for resen-tencing.

Appellant was convicted of attempted possession of more than 100 pounds of marijuana. This court has recently held possession of more than 100 pounds of marijuana to be a third — degree felony. Carvajal v. State, 392 So.2d 287 (Fla.2d DCA 1980); Reinersman v. State, 382 So.2d 325 (Fla. 2d DCA 1980). Section 777.04(4)(d), Florida Statutes (1979), then requires that attempted possession be a first — degree misdemeanor. The maximum punishment for a first-degree misdemeanor is one year in prison and a $1,000.00 fine. Sections 775.082(4)(a), 775.083(l)(d), Florida Statutes (1979). The court sentenced appellant to five years in prison and a $5,000.00 fine.

We vacate the illegal sentence imposed and remand for resentencing within the limits set out above.

BOARDMAN, Acting C. J., and DAN-AHY, J., concur.

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RYDER, Judge.

James B. Pruitt appeals his conviction for attempted possession of more than 100 pounds of marijuana. We find no merit in the points raised on appeal and affirm the conviction. However, we remand for resen-tencing.

Appellant was convicted of attempted possession of more than 100 pounds of marijuana. This court has recently held possession of more than 100 pounds of marijuana to be a third — degree felony. Carvajal v. State, 392 So.2d 287 (Fla.2d DCA 1980); Reinersman v. State, 382 So.2d 325 (Fla. 2d DCA 1980). Section 777.04(4)(d), Florida Statutes (1979), then requires that attempted possession be a first — degree misdemeanor. The maximum punishment for a first-degree misdemeanor is one year in prison and a $1,000.00 fine. Sections 775.082(4)(a), 775.083(l)(d), Florida Statutes (1979). The court sentenced appellant to five years in prison and a $5,000.00 fine.

We vacate the illegal sentence imposed and remand for resentencing within the limits set out above.

BOARDMAN, Acting C. J., and DAN-AHY, J., concur.

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403 So. 2d 988, 1980 Fla. App. LEXIS 17928, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pruitt-v-state-fladistctapp-1980.

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