Carvajal v. State

DANAHY, Judge.

Jamie Carvajal appeals convictions and sentences for importation of marijuana, possession of more than 100 pounds of marijuana, ' and possession of marijuana with intent to sell. The only issue he raises which we feel to have merit is the legality of his sentence for count 3, possession of more than 100 pounds of marijuana.

Appellant was fined $10,000 and sentenced to a ten-year prison term for this offense. However, this court has held in Reinersman v. State, 382 So.2d 325 (Fla. 2d DCA 1980), that simple possession of more than 100 pounds of marijuana is a third degree felony…