Florida District Courts of Appeal, 2000

Upshaw v. State

Upshaw v. State
Florida District Courts of Appeal · Decided January 5, 2000 · Campbell, Davis, Threadgill
749 So. 2d 543; 2000 Fla. App. LEXIS 2; 2000 WL 3945 (Southern Reporter, Second Series)

Upshaw v. State

Opinion of the Court

PER CURIAM.

Ronnie Upshaw appeals the trial court’s order revoking his probation, and the imposition of a habitual offender sentence on his possession of cocaine conviction. We affirm the trial court’s revocation of Up-shaw’s probation without discussion. However, we agree that the court could not impose a habitual offender sentence on the possession of cocaine conviction. See § 775.084(l)(a)3., Fla. Stat. (1997).

Affirmed in part, reversed in part, remanded for resentencing on the possession of cocaine conviction.

CAMPBELL, A.C.J., THREADGILL and DAVIS, JJ., Concur.

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