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Florida District Courts of Appeal, 2002

Diaz v. State

Diaz v. State
Florida District Courts of Appeal · Decided January 30, 2002 · Cope, Gersten, Schwartz
804 So. 2d 1285; 2002 Fla. App. LEXIS 735; 2002 WL 112993 (Southern Reporter, Second Series)

Diaz v. State

Opinion of the Court

PER CURIAM.

As the state concedes, the defendant’s sentence for possession of 200-400 grams of cocaine, contrary to section 893.135(l)(b)I.b., Florida Statutes (1997), improperly designates him a habitual felony offender. Clay v. State, 750 So.2d 153 (Fla. 1st DCA 2000); Rainey v. State, 741 So.2d 1207 (Fla. 1st DCA 1999). The order denying post-conviction relief is therefore reversed solely for the entry of an order striking that provision.1 The order is otherwise affirmed.

. Because the issue was not raised before the state's answer brief, it has obviously waived the objection that the sentence did not contain the $100,000.00 fine provided by section 893.135(l)(b)l.b.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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