Vernon v. State

District Court of Appeal of Florida

Vernon v. State

677 So. 2d 403, 1996 Fla. App. LEXIS 7871, 1996 WL 417528

CourtDistrict Court of Appeal of Florida

DecidedJuly 26, 1996

DocketNo. 95-00584

StatusPublished

This text of 677 So. 2d 403 (Vernon 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

Vernon v. State, 677 So. 2d 403, 1996 Fla. App. LEXIS 7871, 1996 WL 417528 (Fla. Ct. App. 1996).

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Opinion

PER CURIAM.

Charlie Vernon’s appellate counsel filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), challenging his judgments and sentences for delivery and possession of cocaine. We find merit in his contention that the trial court erred in sentencing him as a habitual offender on the possession of cocaine offense. Under section 775.084(l)(a)3, Florida Statutes (1993), a defendant cannot receive a habitual offender sentence for possession of a controlled substance. See also Belton v. State, 673 So.2d 880 (Fla. 2d DCA 1996).

We, therefore, remand this case to the trial court for resentencing on the possession of cocaine offense. We otherwise affirm the judgments and the habitual sentence for delivery of cocaine.

CAMPBELL, A.C.J., and BLUE and QUINCE, JJ., concur.

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PER CURIAM.

Charlie Vernon’s appellate counsel filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), challenging his judgments and sentences for delivery and possession of cocaine. We find merit in his contention that the trial court erred in sentencing him as a habitual offender on the possession of cocaine offense. Under section 775.084(l)(a)3, Florida Statutes (1993), a defendant cannot receive a habitual offender sentence for possession of a controlled substance. See also Belton v. State, 673 So.2d 880 (Fla. 2d DCA 1996).

We, therefore, remand this case to the trial court for resentencing on the possession of cocaine offense. We otherwise affirm the judgments and the habitual sentence for delivery of cocaine.

CAMPBELL, A.C.J., and BLUE and QUINCE, JJ., concur.

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677 So. 2d 403, 1996 Fla. App. LEXIS 7871, 1996 WL 417528, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vernon-v-state-fladistctapp-1996.

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