509 So. 2d 1370 | Fla. Dist. Ct. App. | 1987
Defendant appeals his conviction and sentence. We affirm the conviction, but vacate the sentence because the departure from the presumptive guidelines sentence was invalid.
Defendant was charged with trafficking in cocaine
The other issues raised by defendant have been considered and found without merit. Thus, defendant’s conviction is affirmed, his sentence is vacated and the cause is remanded for resentencing.
Conviction AFFIRMED; REMANDED for resentencing.
. § 893.135(l)(b)l, Fla.Stat. (1985). For conviction of the offense of "trafficking in cocaine,” the amount of the substance must be 28 grams or more.
. § 893.13(l)(e), Fla.Stat. (1985).
. § 893.13(l)(a), Fla.Stat. (1985).