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Kleckley v. State of Florida
See Rule 59(e) Motion at 10 (“The Petitioner case is different the law is clear that Florida Statutes 775.084(1)(a)(3), (1999), does not permit habitualization for a felony ‘relating to the purchase or the possession of a controlled substance.’” (quoting Harris v. State, 695 So. 2d 742, 742 (Fla. 1st DCA 1996) (errors in original))).
Kendrick HARRIS
v.
STATE of Florida
v.
STATE of Florida
No. 95-3647.
District Court of Appeal of Florida, First District.
Nov 7, 1996.
Thomas F. Woods of Gatlin, Woods and Carlson, Tallahassee, for Appellant., Robert A. Butterworth, Attorney General, and Trisha E. Meggs, Assistant Attorney General, Tallahassee, for Appellee.
Allen, Lawrence, Miner.
Cited by 3 opinions | Published
Although we affirm the appellant’s conviction for possession of cannabis with intent to sell, we vacate the habitual felony offender sentence because possession with intent to sell is “a violation of section 893.13 relating to the purchase or the possession of a controlled substance.” § 775.084(l)(a)3, Fla. Stats.; see Grene v. State, 21 Fla. L. Weekly D1145, — So.2d - [1996 WL 252248] (Fla. 3d DCA May 15, 1996); Houser v. State, 666 So.2d 158 (Fla. 5th DCA 1995).
The conviction is affirmed, but the sentence is vacated and the case is remanded.