McCant v. State

District Court of Appeal of Florida

McCant v. State

712 So. 2d 463, 1998 Fla. App. LEXIS 7558, 1998 WL 336325

CourtDistrict Court of Appeal of Florida

DecidedJune 26, 1998

DocketNo. 97-00084

StatusPublished

This text of 712 So. 2d 463 (McCant 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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McCant v. State, 712 So. 2d 463, 1998 Fla. App. LEXIS 7558, 1998 WL 336325 (Fla. Ct. App. 1998).

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Opinion

WHATLEY, Judge.

Angus McCant challenges his convictions and sentences for armed robbery, aggravated battery, and possession of cocaine. We find merit only in his contention that the trial court improperly sentenced him as a habitual offender for his possession of cocaine conviction.

McCant argues, and the State correctly concedes, that it was improper to sentence him as a habitual offender for his possession of cocaine conviction. See Miller v. State, 696 So.2d 913, 914 (Fla. 2d DCA 1997) (holding that possession of a controlled substance is a felony not subject to' habitual offender sentencing). We reverse McCant’s sentence for possession of cocaine and remand the case for the trial court to resentenee McCant pursuant to the guidelines. The convictions for which McCant was habitualized should not be included in the scoresheet. See Ricardo v. State, 608 So.2d 93 (Fla. 2d DCA 1992). McCant’s convictions and other two sentences are otherwise affirmed.

Reversed in part; affirmed in part.

PARKER, C.J., and QUINCE, J., concur.

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WHATLEY, Judge.

Angus McCant challenges his convictions and sentences for armed robbery, aggravated battery, and possession of cocaine. We find merit only in his contention that the trial court improperly sentenced him as a habitual offender for his possession of cocaine conviction.

McCant argues, and the State correctly concedes, that it was improper to sentence him as a habitual offender for his possession of cocaine conviction. See Miller v. State, 696 So.2d 913, 914 (Fla. 2d DCA 1997) (holding that possession of a controlled substance is a felony not subject to' habitual offender sentencing). We reverse McCant’s sentence for possession of cocaine and remand the case for the trial court to resentenee McCant pursuant to the guidelines. The convictions for which McCant was habitualized should not be included in the scoresheet. See Ricardo v. State, 608 So.2d 93 (Fla. 2d DCA 1992). McCant’s convictions and other two sentences are otherwise affirmed.

Reversed in part; affirmed in part.

PARKER, C.J., and QUINCE, J., concur.

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712 So. 2d 463, 1998 Fla. App. LEXIS 7558, 1998 WL 336325, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccant-v-state-fladistctapp-1998.

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