CAL KING, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1999-09-22
No. 99-00888
BLUE, A.C.J., and FULMER and DAVIS, JJ., Concur.
745 So. 2d 1009 Florida District Court of Appeal, Second District (1999) Caution
Cited by 12 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Cal King challenges the habitual felony offender sentence he received on his conviction of possession of cocaine. Section 775.084(1)(a)3., Florida Statutes (1997), precludes habitual felony offender sentencing for convictions relating to the purchase or possession of a controlled substance. Even though King failed to object to the sentence before the trial court, he has not waived this issue on direct appeal. See Gregory v. State, 739 So. 2d 100 (Fla. 2d DCA 1999) (holding that the erroneous imposition of a habitual offender sentence for possession of a controlled substance is a serious, patent sentencing error that may be reviewed for the first time on direct appeal).

Accordingly, we reverse and remand for the imposition of a guidelines sentence for the conviction of possession of cocaine.

BLUE, A.C.J., and FULMER and DAVIS, JJ., Concur.


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  • State v. Goode, 830 So. 2d 817 (Fla. 2002)
    …constitutional implications. Furthermore, as noted above, it appears that the Legislature intended that the State would initiate commitment proceedings while the inmate is still incarcerated. See § 394.915(1), Fla. Stat. (1999). In Valdez v. Moore, 745 So. 2d 1009, 1012 (Fla. 4th DCA 1999), the Fourth District noted that the State in defending the constituí tionality of the Ryce Act had repeatedly emphasiz[ed] that in the typical case the procedures in the act will be carried out while the person is still in…
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  • Murray v. Regier, 872 So. 2d 217 (Fla. 2002)
    …ntion order was determined to be in violation of the petitioner’s constitutional guarantee of due process, then the order would clearly be “illegal” and not merely defective, irregular, or insufficient in form or substance. See also Valdez v. Moore, 745 So. 2d 1009, 1012 (Fla. 4th DCA 1999) (granting petition for writ of habeas corpus based on a due process challenge by petitioners detained under the Jimmy Ryce Act without a probable cause hearing). The State argues that Murray should simply wait until the ci…
  • Mitchel Westerheide v. State, 767 So. 2d 637 (Fla. 5th DCA 2000)
    …, — So. 2d-,-, 2000 WL 766602 (Fla. June 15, 2000) (“The Jimmy Ryce Act provides for the civil commitment of ‘sexually violent predators’ after their criminal sentences have expired.”) (footnote omitted) (citation omitted); see also Valdez v. Moore, 745 So. 2d 1009, 1011 (Fla. 4th DCA 1999) (In concluding that lack of an adversarial hearing to determine whether probable cause exists to detain individuals under the Act after their sentences have expired violates due process, the court stated, “The fact that thi…

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