Harris v. State

District Court of Appeal of Florida

Harris v. State

695 So. 2d 742, 1996 Fla. App. LEXIS 12426, 1996 WL 640545

CourtDistrict Court of Appeal of Florida

DecidedNovember 7, 1996

DocketNo. 95-3647

StatusPublished

Cited by3 cases

This text of 695 So. 2d 742 (Harris 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.

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Harris v. State, 695 So. 2d 742, 1996 Fla. App. LEXIS 12426, 1996 WL 640545 (Fla. Ct. App. 1996).

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Opinion

PER CURIAM.

Although we affirm the appellant’s conviction for possession of cannabis with intent to sell, we vacate the habitual felony offender sentence because possession with intent to sell is “a violation of section 893.13 relating to the purchase or the possession of a controlled substance.” § 775.084(l)(a)3, Fla. Stats.; see Grene v. State, 21 Fla. L. Weekly D1145, — So.2d - [1996 WL 252248] (Fla. 3d DCA May 15, 1996); Houser v. State, 666 So.2d 158 (Fla. 5th DCA 1995).

The conviction is affirmed, but the sentence is vacated and the case is remanded.

MINER, ALLEN and LAWRENCE, JJ., concur.

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PER CURIAM.

Although we affirm the appellant’s conviction for possession of cannabis with intent to sell, we vacate the habitual felony offender sentence because possession with intent to sell is “a violation of section 893.13 relating to the purchase or the possession of a controlled substance.” § 775.084(l)(a)3, Fla. Stats.; see Grene v. State, 21 Fla. L. Weekly D1145, — So.2d - [1996 WL 252248] (Fla. 3d DCA May 15, 1996); Houser v. State, 666 So.2d 158 (Fla. 5th DCA 1995).

The conviction is affirmed, but the sentence is vacated and the case is remanded.

MINER, ALLEN and LAWRENCE, JJ., concur.

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695 So. 2d 742, 1996 Fla. App. LEXIS 12426, 1996 WL 640545, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harris-v-state-fladistctapp-1996.

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