KENDRICK HARRIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
KENDRICK HARRIS, APPELLANT,
STATE OF FLORIDA, APPELLEE
695 So. 2d 742
Florida District Court of Appeal, First District (1996)
Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.
Although we affirm the appellant’s conviction for possession of cannabis with intent to sell, we vacate the habitual felony offender sentence because possession with intent to sell is “a violation of section 893.13 relating to the purchase or the possession of a controlled substance.” § 775.084(l)(a)3, Fla. Stats.; see Grene v. State, 21 Fla. L. Weekly D1145, — So. 2d - [1996 WL 252248] (Fla. 3d DCA May 15, 1996); Houser v. State, 666 So. 2d 158 (Fla. 5th DCA 1995).
The conviction is affirmed, but the sentence is vacated and the case is remanded.
MINER, ALLEN and LAWRENCE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Ellis v. State, 703 So. 2d 1186 (Fla. 3d DCA 1997)…e or possession portions of section 893.13, Florida Statutes may not receive an enhanced sentence under the habitual felony offender statute. Reversed, sentence vacated and remanded for resentencing. . See, e.g., Barber; Grene; Harris v. State, 695 So. 2d 742 (Fla. 1st DCA 1996); Baldwin; Wright v. State, 683 So. 2d 1166 (Fla. 4th DCA 1996); Houser v. State, 666 So. 2d 158 (Fla. 5th DCA 1995).…
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Carneri Fred Shine v. State, 129 So. 3d 449 (Fla. 1st DCA 2013)…merit, as section 775.084(l)(a)(3), Florida Statutes (1999), does not permit habituali-zation for a felony “relating to the purchase or the possession of a controlled substance.” See Jones v. State, 988 So. 2d 15 (Fla. 2d DCA 2008); Harris v. State, 695 So. 2d 742 (Fla. 1st DCA 1996). Further, as the State concedes in its response to this Court’s Toler order, though the trial court indicated that this claim was barred by collateral estoppel, the documents attached to the order of denial do not demonstrate th…
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Kleckley v. State, 2022 WL 3566908 (S.D. Fla. 2023)
Authorities Cited
- Houser v. State, 666 So. 2d 158 (Fla. 5th DCA 1995)