Miller v. State

SCHOONOVER, Judge.

The appellant, Marie A. Miller, challenges the judgments and sentences imposed upon her after she pled nolo contendere to delivery of cocaine, possession of cocaine, and possession of drug paraphernalia. We find that the trial court erred by denying the appellant’s motion for discharge on the delivery of cocaine charge. We, accordingly, reverse and remand with instructions to discharge the appellant in that case and to resentence her on the remaining charges.

The appellant was originally charged with conspiracy to traffic in cocaine in violation of section 893.135(1), Florida…