RONALD WASHINGTON A/K/A RONALD WATSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a habitual offender sentence cannot be imposed for a felony that is a violation of statutes relating to the purchase or possession of a controlled substance.
The defendant was resentenced for possession and sale of cocaine. The trial judge imposed a habitual offender sentence for possession of cocaine.…
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BLUE, Acting Chief Judge.
Ronald Washington a/k/a Ronald Watson contends he improperly received a habitual offender sentence for possession of cocaine. We agree and reverse.
Washington appeared for resentencing on one count of possession of cocaine and one count of sale of cocaine after remand from this court. See Watson v. State, 718 So. 2d 253 (Fla. 2d DCA 1998).1 Unfortunately, the trial judge, who was the original sentencing judge, was so busy complaining (with eheerleading from the prosecutor) about this court’s opinion and the individual judges of this court on that panel that he got the sentence wrong again. Section 775.084(l)(a)3, Florida Statutes (1995), does not permit a habitual offender sentence for a felony that is a violation of section 893.13, Florida Statutes (1995), relating to the purchase or possession of a controlled substance. See Livingston v. State, 682 So. 2d 591 (Fla. 2d DCA 1996).
Accordingly, we again reverse the sentence for possession of cocaine and remand to the trial court with directions that the sentence be corrected to remove the habitual offender designation.
Reversed and remanded with directions.
GREEN and STRINGER, JJ„ Concur. . We have no idea why the original case was styled Ronald Watson a/k/a Ronald Washington v. State and this case is styled Ronald Washington a/k/a Ronald Watson v. State.
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Citator
Cited By
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Ekow Tyler v. State, 826 So. 2d 1103 (Fla. 2d DCA 2002)…his habitual offender sentences for possession of cocaine and delivery of cocaine. The State concedes that a habitual offender sentence is not permitted for possession of cocaine. See § 775.084(1)(a)(3), Fla. Stat. (Supp.1998); Washington v. State, 750 So. 2d 118 (Fla. 2d DCA 1999). We reverse this sentence and remand for imposition of a guidelines sentence. As to the sentence for delivery of cocaine, the State also concedes error because the evidence was insufficient to prove that Tyler qualified for habi…
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Owens v. State, 792 So. 2d 650 (Fla. 4th DCA 2001)…. The state correctly concedes that the trial court erred and asks this court to reverse and remand for re-sentencing on count II, possession of cocaine, in case 98-4826. See Oliver v. State, 734 So. 2d 1083 (Fla. 1st DCA 1999); Washington v. State, 750 So. 2d 118 (Fla. 2d DCA 1999); Pittman v. State, 733 So. 2d 594 (Fla. 3d DCA 1999); Daniels v. State, 679 So. 2d 354 (Fla. 5th DCA 1996). Accordingly, we reverse and remand for re-sentencing on count II, possession of cocaine. We reverse and remand for an evi…
Authorities Cited
- Livingston v. State, 682 So. 2d 591 (Fla. 2d DCA 1996)
- Watson v. State, 718 So. 2d 253 (Fla. 2d DCA 1998)