Ankiel v. State

ORFINGER, Judge.

Ankiel appeals from a judgment of conviction and sentence for trafficking in more than 400 grams of cocaine, a controlled substance. § 893.135(l)(b)3, Fla.Stat. (1983). We affirm the conviction but reverse the sentence and remand for resen-tencing.

The information filed by the State charged that Ankiel did “knowingly possess ... in excess of over 400 grams of cocaine ...” Under section 893.135(1)(b)3, any person who, among other things, possesses 28 grams or more-of “cocaine ... or of any mixture containing cocaine ...” is guilty of a first degree felony, known as trafficking…