Florida District Courts of Appeal, 1995

Welcome v. State

Florida District Courts of Appeal · Decided April 21, 1995 · Cobb, Dauksch, Goshorn

653 So. 2d 498; 1995 Fla. App. LEXIS 4195; 1995 WL 232601 (Southern Reporter, Second Series)

Opinion of the Court

DAUKSCH, Judge.

This is an appeal from a sentence. Appellant was properly sentenced as an habitual offender for sale of cocaine. He was improperly sentenced as an habitual offender for possession of cocaine. § 775.084(l)(a)3., Fla. Stat. (1993); Jackson v. State, 651 So.2d 242 (Fla. 5th DCA 1995); Perez v. State, 647 So.2d 1007, 1008 (Fla.3d DCA 1994).

The sentence as to the possession conviction is vacated and this cause remanded for resentencing as to that count.

SENTENCE VACATED; REMANDED.

COBB and GOSHORN, JJ., concur.

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