Payne v. State

SHAHOOD, Judge.

We affirm appellant’s, Jeffrey Payne, conviction and sentence for possession of cocaine and resisting arrest without violence.

The maximum penalty for the third-degree felony of possession of cocaine is five years or sixty months imprisonment. See §§ 893.13(6)(a) and 775.082(3)(d), Fla. Stat. (1997). In this case, appellant’s scoresheet reflected a recommended sentence of 61.2 *556months in prison with a minimum recommendation of 45.9 months and a maximum recommendation of 76.5 months. The trial court sentenced him to 65 months in prison. Appellant contends the sentence is illegal…