EDWARDS v. STATE

No. 99-1897.

743 So.2d 76 (1999)

Alfonzo EDWARDS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied September 28, 1999.


Attorney(s) appearing for the Case

Alfonzo Edwards, Bushnell, pro se.

No Appearance for Appellee.


GRIFFIN, J.

Defendant, Alfonzo Edwards, appeals the summary denial of his Rule 3.800(a) motion. Defendant claims that he was improperly sentenced as an habitual felony offender because the trial court relied on a prior conviction for possession of a controlled substance which defendant contends cannot be used as a predicate offense for habitualization.

Section 775.084(1)(a)3, Florida Statutes, requires that "[t]he felony for which the defendant is to be sentenced...

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