Gadsen v. State

District Court of Appeal of Florida

Gadsen v. State

849 So. 2d 358, 2003 Fla. App. LEXIS 6719, 2003 WL 21033263

CourtDistrict Court of Appeal of Florida

DecidedMay 9, 2003

DocketNo. 2D02-3257

StatusPublished

Cited by2 cases

This text of 849 So. 2d 358 (Gadsen 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

Gadsen v. State, 849 So. 2d 358, 2003 Fla. App. LEXIS 6719, 2003 WL 21033263 (Fla. Ct. App. 2003).

Pincite

Opinion

WHATLEY, Judge.

Christopher Gadsen appeals the summary denial of his motion to correct illegal sentence. Although we approve the trial court’s conclusion that Gadsen is not entitled to relief under Heggs v. State, 759 So.2d 620 (Fla.2000), we reverse. Gadsen was habitualized for posession of cocaine, which is not among the enumerated felonies on which a defendant may be sentenced as a habitual felony offender. See § 775.084(l)(a)(3), Fla. Stat. (1997). We therefore reverse Gadsen’s habitual felony offender sentence for possession of cocaine and remand to the trial court for resen-tencing according to the sentencing guidelines in effect at the time of his offense. Reversed and remanded for resentencing.

SALCINES and STRINGER, JJ., Concur.

Free access — add to your briefcase to read the full text and ask questions with AI

WHATLEY, Judge.

Christopher Gadsen appeals the summary denial of his motion to correct illegal sentence. Although we approve the trial court’s conclusion that Gadsen is not entitled to relief under Heggs v. State, 759 So.2d 620 (Fla.2000), we reverse. Gadsen was habitualized for posession of cocaine, which is not among the enumerated felonies on which a defendant may be sentenced as a habitual felony offender. See § 775.084(l)(a)(3), Fla. Stat. (1997). We therefore reverse Gadsen’s habitual felony offender sentence for possession of cocaine and remand to the trial court for resen-tencing according to the sentencing guidelines in effect at the time of his offense. Reversed and remanded for resentencing.

SALCINES and STRINGER, JJ., Concur.

Cite This Page — Counsel Stack

Bluebook (online)

849 So. 2d 358, 2003 Fla. App. LEXIS 6719, 2003 WL 21033263, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gadsen-v-state-fladistctapp-2003.

Opinion

Related

Cite This Page — Counsel Stack