Clieve W. Lake v. State of Florida

199 So. 3d 978, 2016 WL 3092696, 2016 Fla. App. LEXIS 8337

Opinion

PER CURIAM.

We affirm the summary denial of appellant’s motion to correct illegal sentence because the motion does not establish an illegal sentence. Appellant alleged that one of the two prior felony convictions serving as a predicate for his habitual offender designation was a conviction for possession of cocaine. However, that is authorized under section 775.084(l)(a)3., Florida Statutes (2015). See Woods v. State, 807 So.2d 727, 729 (Fla. 1st DCA 2002) (“[SJection 775.084(l)(a)3 does not forbid the imposition of a habitual offender sentence, merely because one of the prior felonies is an offense relating to purchase or possession [of a controlled substance].”).

Affirmed.

CIKLIN, C.J., WARNER and CONNER, JJ., concur.