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
This issue was addressed and resolved in favor of appellant’s position by this court in Myers v. State,
The Florida Supreme Court recently granted review in Mays and Myers, approving the holding in the former and quashing the latter. See Mays v. State,
AFFIRMED.
