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Sneed v. State

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eBook details

  • Title: Sneed v. State
  • Author : Florida Court of Appeals
  • Release Date : January 05, 2000
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 46 KB

Description

A jury found appellant guilty of attempted possession of cocaine and possession of drug paraphernalia. Immediately after the verdict, the trial court adjudicated appellant guilty of both offenses, and thinking both charges were misdemeanors sentenced the appellant to time served with the agreement of the state. The next day the trial court vacated the judgment and sentence and subsequently held a hearing, because the court and the state were wrong in their conclusion that attempted possession of cocaine was a misdemeanor. In fact, it was a felony. At the second sentencing hearing, the trial court sentenced the appellant to 140.4 months in prison. Appellant claims that imposition of the second sentence constituted double jeopardy. We agree and reverse.


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