Florida District Courts of Appeal, 2001

Love v. State

Florida District Courts of Appeal · Decided August 31, 2001 · Cobb, Harris, Peterson

792 So. 2d 710; 2001 Fla. App. LEXIS 12253; 2001 WL 991979 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Love v. State (Fla. Dist. Ct. App. 2004)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

HARRIS, J.

Finding that the prosecutor’s statements during closing argument do not warrant a reversal, we affirm appellant’s conviction and habitual offender sentence for sale of cocaine. Because the record on appeal is unclear regarding whether appellant actually pled to violation of probation in case number 95-19638 at or prior to the sentencing herein, we remand to the trial court for determination and resolution. At the same time, we remand to the trial court for reconsideration of its habitual offender sentence on the charge of possession of cocaine in light of section 775.084(l)(a)(3), Florida Statutes.

AFFIRMED in part; ISSUES REMANDED for reconsideration.

COBB and PETERSON, JJ., concur.

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