Opinion
No. 91-00996.
September 30, 1992.
Appeal from the Circuit Court for Charlotte County; Darryl C. Casanueva, Judge.
James Marion Moorman, Public Defender, and Megan Olson, Asst. Public Defender, Bartow, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Davis G. Anderson, Jr., Asst. Atty. Gen., Tampa, for appellee.
Glenn Harris challenges his conviction of sale of cocaine within one thousand feet of a school. We only find merit in his contention that he was twice put in jeopardy when he was resentenced after having begun to serve his original, legal sentence. Troupe v. Rowe, 283 So.2d 857 (Fla. 1973); State v. Wagner, 495 So.2d 283 (Fla. 2d DCA 1986).
Accordingly, we reverse Harris's sentence and remand with directions that his original sentence be reinstated.
RYDER, A.C.J., and FRANK, J., concur.