Clieve W. Lake v. State of Florida

District Court of Appeal of Florida

Clieve W. Lake v. State of Florida

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

CourtDistrict Court of Appeal of Florida

DecidedJune 1, 2016

Docket4D16-132

StatusPublished

Cited by1 cases

This text of 199 So. 3d 978 (Clieve W. Lake v. State of Florida) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Clieve W. Lake v. State of Florida, 199 So. 3d 978, 2016 WL 3092696, 2016 Fla. App. LEXIS 8337 (Fla. Ct. App. 2016).

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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.

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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.

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Bluebook (online)

199 So. 3d 978, 2016 WL 3092696, 2016 Fla. App. LEXIS 8337, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clieve-w-lake-v-state-of-florida-fladistctapp-2016.

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