Smith v. State
Smith v. State
Opinion of the Court
Carlton Smith appeals following a guilty plea to battery on a law enforcement officer, driving while license suspended, obstructing an officer without violence, and possession of a controlled substance. We affirm but note that we have not reached the merits of the sentencing issue.
Pursuant to the plea agreement, Smith was sentenced as a habitual offender for the battery and possession convictions. Smith argues that the State failed to introduce sufficient evidence to support a habitual offender classification.
Affirmed.
. We note that, under section 775.084(l)(a)(3), Florida Statutes (2009), possession of a controlled substance does not qualify for habitual offender sentencing, a point not raised below or on appeal.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.