JAMES LEONARD HAMPTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1990-08-08
No. 87-03275
RYDER, A.C.J., and DANAHY and ALTENBERND, JJ., concur.
564 So. 2d 1256 Florida District Court of Appeal, Second District (1990) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant was convicted of sale and possession with intent to sell one “rock” of cocaine on two occasions. One “rock” was sold on February 18, 1987, and the other “rock” was sold on February 19,1987. We affirm his convictions and sentences for sale of cocaine, but reverse his convictions and sentences for possession with intent to sell cocaine. Gordon v. State, 528 So. 2d 910 (Fla. 2d DCA 1988), approved, State v. Smith, 547 So. 2d 613 (Fla.1989).

RYDER, A.C.J., and DANAHY and ALTENBERND, JJ., concur.


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    …’s score-sheet indicates thirty-three total sentence points, the trial court sentenced the appellant to five years in prison. Because no written reasons were given for the upward departure sentence, the prison sentence was error. See Smith v. State, 564 So. 2d 1256 (Fla. 2d DCA 1990). The state argues, however, that the appellant was on probation when the possession of cocaine offense took place and that the appellant’s scoresheet erroneously omits points for violation of his probation. If this contention is…

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