RICHARD D. BASS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2005-02-23
No. 2D03-3928
NORTHCUTT and VILLANTI, JJ., Concur.
894 So. 2d 303 Florida District Court of Appeal, Second District (2005) Positive Treatment
Cited by 4 cases
Opinion of the Court
WHATLEY, Judge.

WHATLEY, Judge.

Richard D. Bass argues, and the State concedes, that he was improperly sentenced as a habitual felony offender for his possession of cocaine convictions in case numbers 02-CF-12824 and 02-CF-02825.1 See Virgil v. State, 884 So. 2d 373 (Fla. 2d DCA 2004) (holding that a defendant may not be sentenced as a habitual felony offender for the offense of possession of a controlled substance). We therefore re verse and remand his sentences for the trial court to delete the habitual felony offender designations from Bass’s sentences for possession of cocaine. Bass’s convictions and remaining sentences are otherwise affirmed.

NORTHCUTT and VILLANTI, JJ., Concur. . We do not find merit in the other issue Bass raises on appeal.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Choctaw v. State, 37 So. 3d 988 (Fla. 2d DCA 2010)
    …n case number 09-CF-246. Choctaw correctly argues, and the State concedes, that the trial court erred in imposing a habitual felony offender sentence for the offense of possession of cocaine. See § 775.084(l)(a)(3), Fla. Stat. (2008); Bass v. State, 894 So. 2d 303, 303 (Fla. 2d DCA 2005). Accordingly, we reverse and remand for the trial court to strike Choctaw’s designation as a habitual felony offender from her sentence for possession of cocaine in case number 09-CF-246. Choctaw’s remaining judgments and s…
  • Quarice Lovell Vance v. State, 42 So. 3d 965 (Fla. 2d DCA 2010)
    …s a habitual felony offender on both offenses. Vance argues, and we agree, that the trial court erred in imposing a habitual felony offender sentence for the offense of possession of cocaine. See § 775.084(l)(a)(3), Fla. Stat. (2007); Bass v. State, 894 So. 2d 303, 303 (Fla. 2d DCA 2005). Accordingly, we reverse and remand for the trial court to strike Vance’s designation as a habitual felony offender from his sentence for possession of cocaine. In all other respects, we affirm. Affirmed in part, reversed…

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