ELDRED E. SALTERS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1999-04-21
No. 99-01111
PARKER, C.J., and PATTERSON and SALCINES, JJ., Concur.
731 So. 2d 791 Florida District Court of Appeal, Second District (1999) Positive Treatment
Cited by 2 cases
Topics
Habitual Felony Offender Sentencing Illegal Sentence

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Opinion of the Court
PER CURIAM.

[*792] PER CURIAM.

Eldred E. Salters appeals an order which denied a motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Of the seven issues raised, we conclude that only one has merit.

Salters was sentenced on count two, possession of cocaine, to a habitual felony offender sentence. Section 775.084(l)(a)3., Florida Statutes (1995), precludes habitual felony offender sentencing where the underlying felony is a violation of section 893.13, relating to the purchase or possession of a controlled substance. Because possession of cocaine is a violation of section 893.13, Florida Statutes (1995), the imposition of a habitual felony offender sentence resulted in an illegal sentence. See § 775.084(l)(a)3., Fla. Stat. (1995). Salters is entitled to have an illegal sentence corrected at any time. See Judge v. State, 596 So. 2d 73, 77 (Fla. 2d DCA 1992) (en banc). Accordingly, we reverse the habitual felony offender sentence on the charge of possession of cocaine and remand this case to the trial court for imposition of a guidelines sentence.

Affirmed in part; reversed in part and remanded for resentencing.

PARKER, C.J., and PATTERSON and SALCINES, JJ., Concur.

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  • McMAHON v. State, 779 So. 2d 401 (Fla. 2d DCA 2000)
    …ikely that the sentence in case number 96-1661 is illegal. Our record suggests that it is a habitual offender sentence for a violation of section 893.18, Florida Statutes (Supp.1996). See § 775.084(1)(a)(3), Fla. Stat. (Supp.1996); Salters v. State, 731 So. 2d 791 (Fla. 2d DCA 1999). If resentencing is required in that case, the 1994 guidelines would seem to apply. See Heggs, 759 So. 2d at 623. Nothing in our record suggests that a sentence as a habitual offender in case number 97-950 would be illegal. On th…

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