Pittman v. State, 733 So. 2d 594

PER CURIAM.

Of the issues raised by the defendant in this appeal we agree with the State that there is merit only in one. Defendant argues that his ten (10) year sentence on the charge of possession of cocaine is illegal because ”Section 775.084(1)(a)3, Florida Statutes (1995), does not permit enhanced sentencing as a habitual offender if the felony is `a violation of Section 893.13 relating to the purchase or possession of a controlled substance.‘” Barber v. State, 699 So. 2d 325, 325-26 (Fla. 3d DCA 1997). Accordingly, we reverse the defendant‘s habitual offender sentence for the charge of possession of cocaine and remand with instructions to vacate that sentence and resentence the defendant on that count.

Reversed and remanded.

Case Details

Case Name: Pittman v. State

Court Name: District Court of Appeal of Florida

Date Published: Jun 9, 1999

Citations: 733 So. 2d 594; 1999 WL 369901; 99-891

Docket Number: 99-891

Court Abbreviation: Fla. Dist. Ct. App.