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Albury v. State
Citations: 561 So. 2d 429; 1990 Fla. App. LEXIS 3377; 1990 WL 62896Docket: No. 89-1440
Court: District Court of Appeal of Florida; May 15, 1990; Florida; State Appellate Court
John Henry Albury appeals his conviction and sentence for possession of cocaine and marijuana, marking his second trial on these charges after a previous conviction was reversed. The court affirms the conviction but reverses the sentence, which was imposed outside the sentencing guidelines without written justification. The State concedes this error, referencing relevant case law. The court directs that Albury be resentenced within the guidelines. All other aspects of the conviction are upheld. The decision results in a partial affirmation, partial reversal, and remand for proper sentencing.