LAVARIO RAY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court reversed defendant's illegal life sentence imposed as a habitual felony offender for conspiracy to purchase cocaine, holding that Florida law prohibits habitualization for drug possession-related offenses.
Section 775.084(1)(a)(3), Florida Statutes, prohibits habitualization for felonies relating to purchase or possession of controlled substances, making a life sentence as a habitual felony offender illegal for conspiracy to purchase cocaine.
[1] A defendant cannot be habitualized as a habitual felony offender for a felony relating to the purchase or possession of a controlled substance under Florida Statutes sect…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“section 775.084(l)(a)(3), Florida Statutes (2004), does not permit habitualization for a felony 'relating to the purchase or the possession of a controlled substance.'”
Court explaining the statutory prohibition on habitualization for drug-related offenses
Lavario Ray was sentenced to life in prison as a habitual felony offender (HFO) for conspiracy to purchase or possess cocaine with intent to sell.…
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Lavario Ray appeals the summary denial of his motion seeking postconviction relief brought pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm, without comment, the posteonviction court’s denial of three of the Appellant’s four claims. However, as to his claim that he was improperly habitualized as to his conviction for conspiracy to purchase or possess cocaine, we reverse.
In the instant postconviction motion, the Appellant argued in part that he was illegally sentenced to life in prison as an HFO *1041for conspiracy to purchase or possess cocaine with intent to sell. This claim has merit, as section 775.084(l)(a)(3), Florida Statutes (2004), does not permit habituali-zation for a felony “relating to the purchase or the possession of a controlled substance.” See also Penn v. State, 941 So.2d 466, 466 (Fla. 1st DCA 2006). Further, this offense is a third-degree felony, punishable by up to 5 years in prison. See §§ 775.082(3)(d); 777.04(4)(d)(l); 893.13(l)(a)(l), Fla. Stat. (2004). Even if he had been properly habitualized on this count, the maximum sentence that could have been imposed was 10 years in prison. See § 775.084(4)(a)(3), Fla. Stat. (2004). Thus, the Appellant’s life sentence is illegal.
Accordingly, we reverse the trial court’s order as to this claim and remand for further proceedings.
AFFIRMED IN PART; REVERSED IN PART, AND REMANDED.
WOLF, THOMAS, and KELSEY, JJ„ concur.
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Citator
Cited By
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Davis v. State (Fla. 5th DCA 2025)
Authorities Cited
- Penn v. State, 941 So. 2d 466 (Fla. 1st DCA 2006)