UPSHAW v. STATE

No. 99-00874.

749 So.2d 543 (2000)

Ronnie UPSHAW, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 5, 2000.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Richard J. Sanders, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and John T. Salgado, Assistant Attorney General, Tampa, for Appellee.


PER CURIAM.

Ronnie Upshaw appeals the trial court's order revoking his probation, and the imposition of a habitual offender sentence on his possession of cocaine conviction. We affirm the trial court's revocation of Upshaw's probation without discussion. However, we agree that the court could not impose a habitual offender sentence on the possession of cocaine conviction. See § 775.084(1)(a)3., Fla. Stat. (1997).

Affirmed in part, reversed in part...

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