Florida District Courts of Appeal, 1999

Smith v. State

Smith v. State
Florida District Courts of Appeal · Decided February 26, 1999 · Blue, Fulmer, Threadgill
728 So. 2d 324; 1999 Fla. App. LEXIS 2164; 1999 WL 95174 (Southern Reporter, Second Series)

Smith v. State

Opinion of the Court

PER CURIAM.

Eddie Lee Smith appeals the habitual offender sentences imposed for sale of cocaine and possession of cocaine. We affirm the sentence on the sale of cocaine conviction; however, habitual offender sentencing is not authorized for a drug possession conviction. See § 775.084(1)(a)3., Fla. Stat. (1997). Accordingly, we reverse the habitual offender sentence imposed for possession of cocaine and remand for sentencing under the guidelines. We note that the guidelines score-sheet should not include the sale of cocaine conviction. See Ricardo v. State, 608 So.2d 93 (Fla. 2d DCA 1992).

Affirmed in part, sentence for possession of cocaine reversed and remanded for resen-tencing.

THREADGILL, A.C.J., and BLUE and FULMER, JJ., Concur.

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