Edwards v. State

District Court of Appeal of Florida

Edwards v. State

839 So. 2d 806, 2003 Fla. App. LEXIS 2473, 2003 WL 718248

CourtDistrict Court of Appeal of Florida

DecidedMarch 4, 2003

DocketNo. 1D02-4536

StatusPublished

This text of 839 So. 2d 806 (Edwards 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

Edwards v. State, 839 So. 2d 806, 2003 Fla. App. LEXIS 2473, 2003 WL 718248 (Fla. Ct. App. 2003).

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Opinion

PER CURIAM.

This is an appeal from a postconviction motion which the trial court summarily denied as successive. Although the trial court erred in ruling the appellant’s motion was successive, see Edwards v. State, 796 So.2d 569, 570 (Fla. 1st DCA 2001), we affirm the trial court’s summary denial because the appellant’s claim, which is that his habitual offender sentence is illegal because one of the prior convictions used to habitualize him was for possessing cocaine, is without merit. See Woods v. State, 807 So.2d 727, 729 (Fla. 1st DCA 2002). See also § 775.084(l)(a)(3), Fla. Stat. (1999).

AFFIRMED.

BOOTH, BENTON, and POLSTON, JJ., concur.

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PER CURIAM.

This is an appeal from a postconviction motion which the trial court summarily denied as successive. Although the trial court erred in ruling the appellant’s motion was successive, see Edwards v. State, 796 So.2d 569, 570 (Fla. 1st DCA 2001), we affirm the trial court’s summary denial because the appellant’s claim, which is that his habitual offender sentence is illegal because one of the prior convictions used to habitualize him was for possessing cocaine, is without merit. See Woods v. State, 807 So.2d 727, 729 (Fla. 1st DCA 2002). See also § 775.084(l)(a)(3), Fla. Stat. (1999).

AFFIRMED.

BOOTH, BENTON, and POLSTON, JJ., concur.

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839 So. 2d 806, 2003 Fla. App. LEXIS 2473, 2003 WL 718248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edwards-v-state-fladistctapp-2003.

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