State v. Lee

SHAW, Justice.

We have for review Lee v. State, 619 So.2d 1016 (Fla. 3d DCA 1993), based on conflict with State v. Niemcow, 505 So.2d 670 (Fla. 5th DCA 1987). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

The State charged Lee with conspiracy to traffic in cocaine. The charge was noted on the information as a second-degree felony:

INFORMATION FOR

I. CONSPIRACY TO TRAFFIC IN MORE THAN 28 GRAMS OF COCAINE, BUT LESS THAN 200 GRAMS, F.S. 893.135 AND 777.04 — 2ND DEGREE 'FELONY

II. TRAFFICKING IN MORE THAN 28 GRAMS OF COCAINE, BUT LESS THAN 200 GRAMS, F.S. 893.135 AND 777.04 — 1ST DEGREE FELONY

IN…