Florida District Courts of Appeal, 1996

Perez v. State

Perez v. State
Florida District Courts of Appeal · Decided July 3, 1996 · Fletcher, Goderich, Schwartz
675 So. 2d 1045; 1996 Fla. App. LEXIS 6909; 1996 WL 366310 (Southern Reporter, Second Series)

Perez v. State

Opinion of the Court

PER CURIAM.

Defendant Lionel Perez appeals his convictions for sale of cocaine and possession of cocaine, as well as his sentencing as an habitual offender on the possession conviction. We affirm the convictions on both charges but reverse the sentence on the possession conviction as section 775.084(1)(a)(3), Florida Statutes (1995), does not permit habitualization therefor (as conceded by the State). Perez v. State, 647 So.2d 1007 (Fla. 3d DCA 1994).

The habitual offender sentence for possession is reversed and remanded for resentenc-ing thereon within the sentencing guidelines. The convictions, and the habitual offender *1046sentence for sale of cocaine, shall remain undisturbed.

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