Belton v. State, 95-00406
| Decision Date | 22 March 1996 |
| Docket Number | No. 95-00406,95-00406 |
| Citation | 673 So.2d 880 |
| Parties | 21 Fla. L. Weekly D785 Arthur BELTON, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Appeal from the Circuit Court for Hillsborough County; Cynthia A. Holloway, Judge.
James Marion Moorman, Public Defender, and John T. Kilcrease, Jr., Assistant Public Defender, Bartow, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Robert J. Krauss, Senior Assistant Attorney General, Tampa, for Appellee.
The appellant challenges his judgment and sentences for delivery of cocaine and possession of cocaine. His appellate counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). We agree with counsel that there are no meritorious grounds for appeal as to the appellant's convictions and, therefore, affirm. However, we reverse the appellant's habitual offender sentence for possession of cocaine and remand for resentencing.
The trial court sentenced the appellant as a habitual offender to thirty years for delivery of cocaine and ten years for possession of cocaine. His sentences were suspended and he was placed on two years' community control and two years' probation. Although the appellant's sentence was properly enhanced for delivery of cocaine under the habitual offender statute, the appellant can not receive a habitual offender sentence for possession of cocaine. See § 775.084(1)(a)3., Fla.Stat. (1993); Perez v. State, 647 So.2d 1007 (Fla. 3d DCA 1994) ().
In addition, the trial court erred in imposing a public defender's lien of $500 without providing the appellant notice or an opportunity to object. The appellant may contest the attorney's fees under Bourque v. State, 595 So.2d 222 (Fla. 2d DCA 1992) ().
Finally, the court imposed $255 in court costs and $100 for a "drug fund" without stating the statutory authority for the imposition of these costs. Sutton v. State, 635 So.2d 1032 (Fla. 2d DCA 1994) (). Thus, we strike those costs without prejudice to the state to seek...
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Denson v. State, 97-00611
...offender sentence for the third-degree felony of possession of cocaine. See § 775.084(1)(a)(3), Fla. Stat. (1995); Belton v. State, 673 So.2d 880 (Fla. 2d DCA 1996). 5 Second, the five-year increase in the term of imprisonment in the written sentence clearly violates the rule that the writt......
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Kirby v. State, 95-03568
...are mandatory or discretionary, must be cited in the written order. Smith v. State, 686 So.2d 8 (Fla. 2d DCA 1996); Belton v. State, 673 So.2d 880 (Fla. 2d DCA 1996); Reyes, 655 So.2d at 119. The remaining $2 was a discretionary cost imposed pursuant to section 943.25(13), Florida Statutes ......
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Ishmael v. State, 98-04339.
...habitual felony offender sentences for these offenses set aside and to be resentenced pursuant to the guidelines. See Belton v. State, 673 So.2d 880 (Fla. 2d DCA 1996). We reverse on Ishmael's claim that his sentence for count one, possession of cocaine, is illegal because he has made a fac......
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Vernon v. State
...(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......