Florida District Courts of Appeal, 2004

Lynch v. State

Florida District Courts of Appeal · Decided August 24, 2004 · Booth, Ervin, Kahn

881 So. 2d 93; 2004 Fla. App. LEXIS 12469; 2004 WL 1877362 (Southern Reporter, Second Series)

Cases that cite this one

5 later published cases cite this decision.

PEDRO ARMANDO WALTON v. STATE OF FLORIDA (Fla. Dist. Ct. App. 2020)
RUBIN JONES v. STATE OF FLORIDA (Fla. Dist. Ct. App. 2019)
Baker v. State (Fla. Dist. Ct. App. 2016)
Harris v. State (Fla. Dist. Ct. App. 2016)
Pearson 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

PER CURIAM.

Appellant, Ulysses Lynch, appeals the trial court’s order denying his motion to correct sentencing error under Florida Rule of Criminal Procedure 3.800(b)(2), contending that his prior conviction for possession of cocaine within five years of his instant conviction cannot constitute a qualifying offense pursuant to section 775.084(l)(a)(2)(b) and (l)(a)(3), Florida Statutes (2002), when read in pari mate-ria. We affirm the trial court’s conclusion that this “is not provided in the statute and should not be read into the statute as a matter of statutory construction.” See Edwards v. State, 743 So.2d 76 (Fla. 5th DCA 1999) (“Nothing in the statute ... prohibits sentencing a defendant as a habitual felony offender when the current offense was committed within five years of release from prison for a conviction for *94purchase or possession of a controlled substance in violation of 893.13.”).

AFFIRMED.

ERVIN, BOOTH and KAHN, JJ., concur.

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