Moore v. State

ALTENBERND, Judge.

Sandy Antonio Moore appeals his judgment and sentence for possession of cocaine with intent to sell within one thousand feet of a church. We reverse the judgment and remand for entry of a judgment for the lesser-included offense of possession of cocaine with intent to sell. The reversal requires that we also reverse the sentence and remand for resentencing.

A Winter Haven police officer witnessed Mr. Moore selling cocaine to another man on Sears Avenue on October 30, 2007. This location is around the corner from the New Hope Missionary Baptist Church. The State anticipated…