ALBERT STEVEN COLEMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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THREADGILL, EDWARD F., Senior Judge.
Albert Steven Coleman challenges his judgments and sentences for one count of delivery of cocaine, two counts of possession of cocaine, and one count of possession of drug paraphernalia. We affirm his convictions. However, we reverse his habitual felony offender sentences on the two counts of possession of cocaine.
Section 775.084(l)(a)(3), Florida Statutes (2003), precludes sentencing a defendant as a habitual felony offender for violating section 893.13 relating to purchase or possession of a controlled substance. See Virgil v. State, 884 So. 2d 373, 373-74 (Fla. 2d DCA 2004). Mr. Coleman apprised the trial court of the sentencing error in a motion filed pursuant to Florida Rule of Criminal Procedure 3.800(b)(2). The trial court did not rule on the motion within sixty days; therefore, the motion is deemed denied. See Fla. R.Crim. P. 3.800(b)(1)(B) and (b)(2)(B); O’Neill v. State, 841 So. 2d 629 (Fla. 2d DCA 2003). Affirmed in part; reversed in part, and remanded for resentencing on the two possession of cocaine counts.
SALCINES and LaROSE, JJ., Concur.
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Ledea v. State, 121 So. 3d 88 (Fla. 3d DCA 2013)…on of cocaine, however, is an illegal sentence. See § 775.084(l)(a)(3), Fla. Stat. (2010) (precluding habitual offender sentencing for violations of section 893.13, relating to the purchase or possession of a controlled substance); Coleman v. State, 927 So. 2d 1048, 1048 (Fla. 2d DCA 2006) Although it appears that the trial court attempted to correct this sentencing error by issuing a corrected order sentencing the defendant to ten years’ imprisonment for possession of cocaine without the habitual offender des…
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Norris Hubbard, JR. v. State, 248 So. 3d 177 (Fla. 2d DCA 2018)…a defendant is subject to enhanced HFO sentencing when "[t]he felony for which the defendant is to be sentenced . . . is not a violation of [section] 893.13 relating to the . . . possession of a controlled substance." See also Coleman v. State, 927 So. 2d 1048, 1048 (Fla. 2d DCA 2006) ("Section 775.084(1)(a)(3) . . . precludes sentencing a defendant as a habitual felony offender for violating section 893.13 relating to purchase or possession of a controlled substance."); Virgil v. State, 884 So. 2d 373…
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Ruff v. State, 990 So. 2d 704 (Fla. 4th DCA 2008)…it finds that: 3. The felony for which the defendant is to be sentenced, and one of the [*705] two prior felony convictions, is not a violation of s. 893.13 relating to the purchase or the possession of a controlled substance. In Coleman v. State, 927 So. 2d 1048 (Fla. 2d DCA 2006), the court held: “Section 775.084(l)(a)(3), Florida Statutes (2003), precludes sentencing a defendant as a habitual felony offender for violating section 893.13 relating to purchase or possession of a controlled substance.” Theref…
Authorities Cited
- Gunn v. State, 841 So. 2d 629 (Fla. 2d DCA 2003)
- O'Neill v. State, 841 So. 2d 629 (Fla. 2d DCA 2003)
- Rosalind Virgil v. State, 884 So. 2d 373 (Fla. 2d DCA 2004)