CHRISTOPHER GADSEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2003-05-09
No. 2D02-3257
SALCINES and STRINGER, JJ., Concur.
849 So. 2d 358 Florida District Court of Appeal, Second District (2003) Positive Treatment
Cited by 4 cases
Opinion of the Court
WHATLEY, Judge.

WHATLEY, Judge.

Christopher Gadsen appeals the summary denial of his motion to correct illegal sentence. Although we approve the trial court’s conclusion that Gadsen is not entitled to relief under Heggs v. State, 759 So. 2d 620 (Fla.2000), we reverse. Gadsen was habitualized for posession of cocaine, which is not among the enumerated felonies on which a defendant may be sentenced as a habitual felony offender. See § 775.084(l)(a)(3), Fla. Stat. (1997). We therefore reverse Gadsen’s habitual felony offender sentence for possession of cocaine and remand to the trial court for resentencing according to the sentencing guidelines in effect at the time of his offense. Reversed and remanded for resentencing.

SALCINES and STRINGER, JJ., Concur.

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  • Rosalind Virgil v. State, 884 So. 2d 373 (Fla. 2d DCA 2004)
    …to respond, and the State conceded that the sentence in this case is illegal. Therefore, we remand for the trial court to resentence Virgil in case number 95-15938 pursuant to the guidelines in effect at the time of the offense. See Gadsen v. State, 849 So. 2d 358 (Fla. 2d DCA 2003). It is not apparent from the limited record before this court whether Virgil was sentenced as a habitual felony offender on another count of possession of cocaine with intent to sell or deliver in circuit court case number 95-304…
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    …e plat contains a metes and bounds description of the lots, the Property Owners’ ownership interests are “limited to their lots as described in the deeds.” In so ruling, the court found this court’s prior decision in Krieger v. Town of Longboat Key, 849 So. 2d 358 (Fla. 2d DCA 2003), controlling. In Krieger, the dispute was over a strip of beach that bordered a bay and was across the street from Krieger’s property. 849 So. 2d at 359. The Town of Longboat Key claimed an ownership interest in the beach and fil…

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