Harris v. State

Full title: Kendrick HARRIS, Appellant, v. STATE of Florida, Appellee

Court: District Court of Appeal of Florida, First District

Date published: Nov 7, 1996

695 So. 2d 742 (Fla. Dist. Ct. App. 1996)

Opinion

No. 95-3647.

November 7, 1996.

An appeal from Circuit Court for Leon County; L. Ralph Smith, Jr., Judge.

Thomas F. Woods of Gatlin, Woods and Carlson, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General, and Trisha E. Meggs, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Although we affirm the appellant's conviction for possession of cannabis with intent to sell, we vacate the habitual felony offender sentence because possession with intent to sell is "a violation of section 893.13 relating to the purchase or the possession of a controlled substance." § 775.084 (1)(a)3, Fla. Stats.; see Grene v. State, 21 Fla. L. Weekly D1145, ___ So.2d ___ (Fla. 3d DCA May 15, 1996); Houser v. State, 666 So.2d 158 (Fla. 5th DCA 1995).

The conviction is affirmed, but the sentence is vacated and the case is remanded.

MINER, ALLEN and LAWRENCE, JJ., concur.