ANGUS MCCANT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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WHATLEY, Judge.
Angus McCant challenges his convictions and sentences for armed robbery, aggravated battery, and possession of cocaine. We find merit only in his contention that the trial court improperly sentenced him as a habitual offender for his possession of cocaine conviction.
McCant argues, and the State correctly concedes, that it was improper to sentence him as a habitual offender for his possession of cocaine conviction. See Miller v. State, 696 So. 2d 913, 914 (Fla. 2d DCA 1997) (holding that possession of a controlled substance is a felony not subject to' habitual offender sentencing). We reverse McCant’s sentence for possession of cocaine and remand the case for the trial court to resentenee McCant pursuant to the guidelines. The convictions for which McCant was habitualized should not be included in the scoresheet. See Ricardo v. State, 608 So. 2d 93 (Fla. 2d DCA 1992). McCant’s convictions and other two sentences are otherwise affirmed.
Reversed in part; affirmed in part.
PARKER, C.J., and QUINCE, J., concur.
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Citator
Cited By
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McDANIEL v. State, 751 So. 2d 182 (Fla. 2d DCA 2000)…trial court case 98-1607, the grand theft conviction, whereas the written sentence reflects a fifteen-year prison sentence. We agree that the written sentence must be corrected to conform with the trial court’s oral pronouncement. See Hill v. State, 712 So. 2d 463 (Fla. 2d DCA 1998). McDaniel further contends that the prison releasee reoffender statute is unconstitutional and the trial court erred in sentencing him as both a prison releas-ee reoffender and a habitual felony offender. This court has recently…
Authorities Cited
- Ricardo v. State, 608 So. 2d 93 (Fla. 2d DCA 1992)
- Armstrong v. State, 696 So. 2d 913 (Fla. 2d DCA 1997)