NAKIA LEE BAKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
NAKIA LEE BAKER, APPELLANT,
STATE OF FLORIDA, APPELLEE
743 So. 2d 1134
Florida District Court of Appeal, Fourth District (1999)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We treat this case as an appeal from an order entered in the trial court denying appellant’s motion filed under Fla. R.Crim.P. 3.800(a) and affirm.
KLEIN, SHAHOOD and GROSS, JJ., concur.
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Scippio v. State, 855 So. 2d 202 (Fla. 1st DCA 2003)…plea. We reverse. The state concedes the first issue, and correctly so, because a habitual offender sentence on possession of a controlled substance with intent to sell is illegal. See, e.g., § 775.084(1)(a)3, Fla. Stat. (2000); Peterson v. State, 743 So. 2d 1134, [*203] 1135 (Fla. 1st DCA 1999). Appellant is entitled to relief despite the fact that he agreed to habitualization as part of his plea. See Bover v. State, 797 So. 2d 1246 (Fla.2001). Appellant’s second issue also requires reversal. Appellant ha…
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Mills v. State, 949 So. 2d 1186 (Fla. 1st DCA 2007)…sentence was in error on two grounds. First, section 775.084(l)(a)(3), Florida Statutes (2004), specifically prohibits imposition of an habitual felony offender sentence for the charge of possession of a controlled substance. See Peterson v. State, 743 So. 2d 1134 (Fla. 1st DCA 1999). Second, because the offenses of battery on a law enforcement officer and resisting arrest with violence arose from the same criminal episode, Appellant’s consecutive sentence for Count III is in error. See Hale v. State, 630 So.…