Nelson v. State

PETERSON, Judge.

Marlon Nelson appeals his conviction and sentence for possession of cocaine with intent to sell or deliver in violation of section 893.13(l)(a)l., and section 893.03(2)(a)4., Florida Statutes (1995). We vacate and remand for imposition of a conviction for the lesser included offense of possession of cocaine in violation of section 893.13(6)(a), Florida Statutes (1995).

Two Orlando Police Department officers were conducting a city-wide drug sweep when they observed appellant standing in front of a parked vehicle in the driveway of an apartment complex. Other persons were also…