Foster v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT DONNIS TURNER FOSTER, ) ) Appellant, ) ) v. ) ) STATE OF FLORIDA, ) ) Appellee. ) ________________________________ ) Case No. 2D15-3151 Opinion filed August 2, 2017. Appeal from the Circuit Court for Hillsborough County; Thomas P. Barber, Judge. Ita M. Neymotin, Regional Counsel, Second District, and Joseph Thye Sexton, Assistant Regional Counsel, Office of Criminal Conflict and Civil Regional Counsel, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellee. PER CURIAM. The State has properly conceded that we must reverse Donnis Foster's conviction for possession of marijuana. We do so and remand with directions to vacate that conviction. We affirm the judgment and sentences in all other respects. Affirmed in part, reversed in part, and remanded with instructions. NORTHCUTT, KELLY, and MORRIS, JJ., Concur. -2-

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