ANTHONY LEE WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Reversed and remanded because the trial court's adjudication of trafficking in cocaine did not match the jury's verdict of the lesser included offense of possession with intent to sell or deliver.
A trial court's adjudication must conform to the jury's verdict, and where the adjudication charges a greater offense than the verdict supports, the judgment must be reversed and remanded for entry of a corrected adjudication.
[1] A trial court's adjudication of guilt must conform to the jury's verdict, and an adjudication for a greater offense than the verdict supports is reversible error requirin…
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Join FLexlaw to unlock all legal intelligenceWilliams was charged with trafficking in cocaine (28 grams or more under Fla. Stat. § 893.135(1)(b)(1)), a first-degree felony. The jury convicted him…
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DOWNEY, Judge.
Appellant was informed against under the Trafficking Statute for possession of cocaine in the amount of 28 grams or more, contrary to Section 893.135(l)(b)(l), Florida Statutes (1979). Violation of that statute constitutes a felony of the first degree, punishable by a term of imprisonment not exceeding thirty years. The jury found appellant guilty of the lesser included offense of possession of cocaine with intent to sell or deliver. That lesser offense is a prohibited act under Section 893.13(l)(a). Violation of that statute constitutes a felony of the second degree punishable by a term of imprisonment not exceeding fifteen years.
The judgment appealed from adjudicates appellant guilty of “Trafficking in Cocaine” and sentences him to fifteen years in prison.
We find no error demonstrated in any respect in this case except as to the adjudication, which is inaccurate because it does not coincide with the verdict the jury returned.
In view of the discrepancy between the jury verdict and the court’s adjudication, we reverse the judgment and remand the cause with directions that the trial court enter an adjudication pursuant to the jury verdict. If it is so inclined, the trial court may, in its discretion, reconsider the sentence it imposed upon the appellant.
REVERSED AND REMANDED, with directions.
ANSTEAD and DELL, JJ., concur.