Smith v. State

608 So.2d 567 (1992)

Kelvin SMITH, Appellant,

v.

STATE of Florida, Appellee.

No. 91-3620.

District Court of Appeal of Florida, First District.

November 19, 1992.

James C. Banks, Sp. Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Andrea D. England, Asst. Atty. Gen., Tallahassee, for appellee.

ERVIN, Judge.

We reverse the sentences of appellant, Kelvin Smith, for two reasons. First, Smith contends, and the state concedes, that the trial court erred in case number 90-34CF by sentencing Smith to ten years in prison for two counts of sale of cocaine following a…