Levy v. State

WHATLEY, Judge.

Antonio Levy challenges his sentence of eighteen months for the first-degree misdemeanor of possession of less than twenty grams of cannabis.1 See § 893.13(6)(b), Florida Statutes (2008). The State concurs that because a first-degree misdemeanor is punishable by up to only one year in jail, § 775.082(4)(a), Levy must be resentenced.

After a jury found Levy guilty of the third-degree felony of delivery of cannabis, § 893.13(l)(a)(2), and the first-degree misdemeanor of possession of cannabis, the trial court orally pronounced that it would sentence Levy to eighteen months in…