Davis v. State

371 So.2d 721 (1979)

Alva Nick DAVIS, Appellant,

v.

STATE of Florida, Appellee.

No. KK-158.

District Court of Appeal of Florida, First District.

June 13, 1979.

Michael J. Minerva, Public Defender and John D.C. Newton, II, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Lee Mandell, Asst. Atty. Gen., for appellee.

ERVIN, Judge.

The sentence of five years imposed as to count II of the information charging appellant with unlawfully possessing paraphernalia with the intent that such paraphernalia be used for unlawfully injecting, smoking or using a drug must be vacated since the count does…