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Roberson v. State

District Court of Appeal of Florida, First District
Apr 20, 1999
729 So. 2d 545 (Fla. Dist. Ct. App. 1999)

Opinion

No. 98-646

Opinion filed April 20, 1999.

An appeal from the Circuit Court for Columbia County, John Peach, Judge.

Nancy A. Daniels, Public Defender; David A. Davis, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Karla D. Ellis, Assistant Attorney General; Charmaine M. Millsaps, Assistant Attorney, General, Tallahassee, for Appellee.


Kelvin Delaney Roberson appeals his conviction and sentence for possession of cocaine with intent to sell, sale of cocaine and possession of drug paraphernalia. We affirm the conviction, finding without merit Roberson's argument that the police officer's identification of appellant both at trial and in a photo-spread were improperly admitted. See Johnson v. State, 717 So.2d 1057 (Fla. 1st DCA),rev. granted, 23 Fla. L. Weekly S51 (Fla. 1998). However, as the appellee concedes, the sentence orally imposed at the sentence hearing differed from the written sentence. Accordingly, the cause must be remanded for resentencing.See Johnson v. State, 701 So.2d 382 (Fla. 1st DCA 1997).

AFFIRMED in part, REVERSED in part and REMANDED.

BARFIELD, C.J., VAN NORTWICK AND PADOVANO, JJ., CONCUR.


Summaries of

Roberson v. State

District Court of Appeal of Florida, First District
Apr 20, 1999
729 So. 2d 545 (Fla. Dist. Ct. App. 1999)
Case details for

Roberson v. State

Case Details

Full title:KELVIN DELANEY ROBERSON, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Apr 20, 1999

Citations

729 So. 2d 545 (Fla. Dist. Ct. App. 1999)

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