CHRISTOPHER BURKE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Christopher Burke appeals from the judgment and sentences imposed following a jury trial. We find no merit to his claim that the trial court committed error during the trial. Burke’s objection to the requirement that he pay the cost of transcribing certain depositions is also without merit. Sumter v. State, 570 So. 2d 1039, 1041 (Fla. 1st DCA 1990), review dismissed, 583 So. 2d 1037 (Fla.1991); Posey v. State, 501 So. 2d 192, 194 (Fla. 5th DCA 1987). We do agree, however, that he could not be convicted and sentenced to both possession of cannabis with intent to sell and possession of more than 20 grams of that same cannabis. See Pasley v. State, 625 So. 2d 1303 (Fla. 1st DCA 1993). Accordingly, we reverse and remand for resentencing. Because Burke will be resentenced, we need not address his argument regarding the discrepancies between his written conditions of probation and the court’s oral pronouncement.1
REVERSED and REMANDED.
W. SHARP, GOSHORN and THOMPSON, JJ., concur. . Our disposition of this case renders immaterial the scrivenor's error classifying Count II as a second degree felony rather than a third degree felony.
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Citator
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Williams v. State, 700 So. 2d 190 (Fla. 5th DCA 1997)…concurrent sentences of 364 days in the Putnam County jail. On appeal, Williams argues that double jeopardy principles preclude punishment for possession with intent to sell and possession of the same quantity of cannabis. Relying on Burke v. State, 640 So. 2d 1222 (Fla. 5th DCA 1994) and Pasley v. State, 625 So. 2d 1303 (Fla. 1st DCA 1993), Williams contends that a defendant may not be convicted of both possession of cannabis with intent to sell or deliver and possession of over 20 grams of cannabis because a…
Authorities Cited
- Posey v. State, 501 So. 2d 192 (Fla. 5th DCA 1987)
- Pasley v. State, 625 So. 2d 1303 (Fla. 1st DCA 1993)
- Sumter v. State, 570 So. 2d 1039 (Fla. 1st DCA 1990)