Upshaw v. State

District Court of Appeal of Florida

Upshaw v. State

749 So. 2d 543, 2000 Fla. App. LEXIS 2, 2000 WL 3945

District Court of Appeal of Florida·Decided January 5, 2000·No. No. 99-00874·Published

Opinion

PER CURIAM.

Ronnie Upshaw appeals the trial court’s order revoking his probation, and the imposition of a habitual offender sentence on his possession of cocaine conviction. We affirm the trial court’s revocation of Up-shaw’s probation without discussion. However, we agree that the court could not impose a habitual offender sentence on the possession of cocaine conviction. See § 775.084(l)(a)3., Fla. Stat. (1997).

Affirmed in part, reversed in part, remanded for resentencing on the possession of cocaine conviction.

CAMPBELL, A.C.J., THREADGILL and DAVIS, JJ., Concur.

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PER CURIAM.

Ronnie Upshaw appeals the trial court’s order revoking his probation, and the imposition of a habitual offender sentence on his possession of cocaine conviction. We affirm the trial court’s revocation of Up-shaw’s probation without discussion. However, we agree that the court could not impose a habitual offender sentence on the possession of cocaine conviction. See § 775.084(l)(a)3., Fla. Stat. (1997).

Affirmed in part, reversed in part, remanded for resentencing on the possession of cocaine conviction.

CAMPBELL, A.C.J., THREADGILL and DAVIS, JJ., Concur.

Upshaw v. State, 749 So. 2d 543, 2000 Fla. App. LEXIS 2, 2000 WL 3945 (Fla. Ct. App. 2000).

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