Pittman v. State, 99-891.
| Decision Date | 09 June 1999 |
| Docket Number | No. 99-891.,99-891. |
| Citation | 733 So.2d 594 |
| Parties | Michael PITTMAN, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Michael Pittman, in proper person. Robert A. Butterworth, Tallahassee, Attorney General, for appellee.
Before NESBITT, SHEVIN and SORONDO, JJ.
Of the issues raised by the defendant in this appeal we agree with the State that there is merit only in one. Defendant argues that his ten (10) year sentence on the charge of possession of cocaine is illegal because "Section 775.084(1)(a)3, Florida Statutes (1995), does not permit enhanced sentencing as a habitual offender if the felony is `a violation of Section 893.13 relating to the purchase or possession of a controlled substance.'" Barber v. State, 699 So.2d 325, 325-26 (Fla. 3d DCA 1997). Accordingly, we reverse the defendant's habitual offender sentence for the charge of possession of cocaine and remand with instructions to vacate that sentence and resentence the defendant on that count.
Reversed and remanded.
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Owens v. State, 4
...See Oliver v. State, 734 So. 2d 1083 (Fla. 1st DCA 1999); Washington v. State, 750 So. 2d 118 (Fla. 2d DCA 1999); Pittman v. State, 733 So. 2d 594 (Fla. 3d DCA 1999); Daniels v. State, 679 So. 2d 354 (Fla. 5th DCA 1996). Accordingly, we reverse and remand for re-sentencing on count II, poss......
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Owens v. State, 4D99-3992.
...See Oliver v. State, 734 So.2d 1083 (Fla. 1st DCA 1999); Washington v. State, 750 So.2d 118 (Fla. 2d DCA 1999); Pittman v. State, 733 So.2d 594 (Fla. 3d DCA 1999); Daniels v. State, 679 So.2d 354 (Fla. 5th DCA 1996). Accordingly, we reverse and remand for re-sentencing on count II, possessi......
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Dougherty v. State Of Fla.
...interpretation is inconsistent with controlling precedent. See Daniels v. State, 679 So.2d 354 (Fla. 5th DCA 1996); Pittman v. State, 733 So.2d 594 (Fla. 3d DCA 1999); Ellis v. State, 703 So.2d 1186 (Fla. 3d DCA 1997). The statute reflects the legislative intent to exempt purchase or posses......
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Marrero v. State, 99-1987.
...a habitual offender sentence as to the conviction in count two for the offense of possession of cocaine. See Pittman v. State, 733 So.2d 594, 595 (Fla. 3d DCA 1999). Accordingly, we vacate the habitual offender sentence imposed as to this count alone and remand with instructions to re-sente......