EDDIE B. BRYANT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the habitual offender sentence was improper because the offense was subject to sentencing guidelines, not the habitual offender statute.
Bryant was charged with trafficking cocaine and pled nolo contendere. He was sentenced as a habitual offender, but the statute governing his offense p…
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Bryant appeals from an order of the trial court which granted in part, and denied in part, his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Bryant challenges the legality of his habitual offender sentence and fine. Because the habitual offender sentence is improper on the face of the record, we reverse. See State v. Mancino, 714 So. 2d 429 (Fla.1998); Summers v. State, 747 So. 2d 987 (Fla. 5th DCA 1999); Wright v. State, 748 So. 2d 108 (Fla. 1st DCA 1999).
Bryant was charged in case number 98-567 with trafficking in cocaine in an amount between 28 and 200 grams. Bryant pled nolo contendere and was sentenced to 20 years in prison as an habitual offender. The information alleged the offense was committed on January 22, 1998.
Pursuant to section 893.185(1)(b)1.a., Florida Statutes (1997), if the cocaine is 28 grams or more but less than 200 grams, “such person shall be sentenced pursuant to the sentencing guidelines and pay a fine of $50,000.00.” This language places the lesser trafficking offenses under the guidelines and removes them from sentencing under the habitual offender statute. See Clay v. State, 750 So. 2d 153 (Fla. 1st DCA 2000).
REVERSED and REMANDED for re-sentencing.
DAUKSCH and GRIFFIN, JJ., concur.
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Washington v. State, 814 So. 2d 1187 (Fla. 5th DCA 2002)…ithout prejudice to seek collateral relief below. Motion for Rehearing GRANTED; QUESTION CERTIFIED; AFFIRMED. COBB and ORFINGER, R.B., JJ„ concur. . Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). . See Bryant v. State, 760 So. 2d 1034 (Fla. 5th DCA 2000). . See Heggs v. State, 759 So. 2d 620 (Fla.2000); Bryant. . Id. . Amendments to the Florida Rules of Appellate Procedure, 696 So. 2d 1103 (Fla.1996) (Amendments I); Amendments to the Florida Rules of Appellate Procedure and Cr…
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Fortner v. State, 779 So. 2d 462 (Fla. 2d DCA 2000)…ntion that he was improperly sentenced as a habitual offender. We agree that the trial court erred in imposing a habitual felony offender sentence on the trafficking and the conspiracy to traffic in cocaine charges, and reverse. See Bryant v. State, 760 So. 2d 1034 (Fla. 5th DCA 2000); Clay v. State, 750 So. 2d 153 (Fla. 1st DCA 2000), § 893.135(5), Fla. Stat. (1997). Affirmed in part and reversed in part and remanded for resentencing. ALTENBERND, A.C.J., and NORTHCUTT, J., Concur.…
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Tippins v. State, 780 So. 2d 147 (Fla. 5th DCA 2000)…habitual felony offender, although section 893.135(l)(b)l.b. provides that the offender “shall be sentenced pursuant to the sentencing guidelines.” Tippins’ sentence is illegal under State v. Mancino, 714 So. 2d 429 (Fla.1998). See Bryant v. State, 760 So. 2d 1034 (Fla. 5th DCA 2000). Because it is improper on the face of the record, it is correctable through a 3.800(a) motion. Id. (citing Mancino, Summers v. State, 747 So. 2d 987 (Fla. 5th DCA 1999); Wright v. State, 743 So. 2d 103 (Fla. 1st DCA 1999)). Rule…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Mancino, 714 So. 2d 429 (Fla. 1998)
- Elmario Clay v. State, 750 So. 2d 153 (Fla. 1st DCA 2000)
- Timothy v. Summers, 747 So. 2d 987 (Fla. 5th DCA 1999)