Demery v. State

District Court of Appeal of Florida

Demery v. State

132 So. 3d 902, 2014 WL 562036, 2014 Fla. App. LEXIS 1977

CourtDistrict Court of Appeal of Florida

DecidedFebruary 13, 2014

DocketNo. 1D13-3252

StatusPublished

This text of 132 So. 3d 902 (Demery v. State) 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

Demery v. State, 132 So. 3d 902, 2014 WL 562036, 2014 Fla. App. LEXIS 1977 (Fla. Ct. App. 2014).

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Opinion

PER CURIAM.

The appellant challenges the denial of his motion to correct illegal sentence. We reverse and remand for the trial court to either grant relief or attach documents refuting appellant’s claim that he was illegally sentenced as a habitual felony offender for a count of possession of a controlled substance. § 775.084(1)(a)3., Florida Statutes (1998) (a defendant with two prior felony convictions qualifies as an HFO if “[t]he felony for which the defendant is to be sentenced, and one of the two prior felony convictions, is not a violation of s. 893.13 relating to the purchase or the possession of a controlled substance.”); Dougherty v. State, 33 So.3d 732, 733-34 (Fla. 5th DCA 2010) (“The [HFO] statute reflects the legislative intent to exempt purchase or possession of a controlled substances from habitual felony offender enhanced sentencing.”). We affirm the denial of appellant’s remaining claim.

AFFIRMED in part, REVERSED in part, and REMANDED with directions.

BENTON, PADOVANO, and ROBERTS, JJ., concur.

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PER CURIAM.

The appellant challenges the denial of his motion to correct illegal sentence. We reverse and remand for the trial court to either grant relief or attach documents refuting appellant’s claim that he was illegally sentenced as a habitual felony offender for a count of possession of a controlled substance. § 775.084(1)(a)3., Florida Statutes (1998) (a defendant with two prior felony convictions qualifies as an HFO if “[t]he felony for which the defendant is to be sentenced, and one of the two prior felony convictions, is not a violation of s. 893.13 relating to the purchase or the possession of a controlled substance.”); Dougherty v. State, 33 So.3d 732, 733-34 (Fla. 5th DCA 2010) (“The [HFO] statute reflects the legislative intent to exempt purchase or possession of a controlled substances from habitual felony offender enhanced sentencing.”). We affirm the denial of appellant’s remaining claim.

AFFIRMED in part, REVERSED in part, and REMANDED with directions.

BENTON, PADOVANO, and ROBERTS, JJ., concur.

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Bluebook (online)

132 So. 3d 902, 2014 WL 562036, 2014 Fla. App. LEXIS 1977, Counsel Stack Legal Research, https://law.counselstack.com/opinion/demery-v-state-fladistctapp-2014.

Opinion

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