McKinney v. State

SHARP, Judge.

McKinney appeals his convictions for sale of cocaine under section 893.13(l)(a), Florida Statutes (1987), possession of cocaine under section 893.13(l)(f), Florida Statutes (1987), and the sentence which was imposed on the possession count. Adjudication was withheld on the sale count. He argues both convictions cannot stand because they are based on the sale of one piece of crack cocaine to an undercover police agent. We agree.

The crimes in this case took place on April 8, 1988. They predate the legisla*797ture’s amendment to section 775.021(4). Therefore, the law of this case is…