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WILLIAMS v. STATE

No. 5D99-2034.

751 So.2d 196 (2000)

Selvin WILLIAMS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

February 25, 2000.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and S.C. Van Voorhees, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Lori E. Nelson, Assistant Attorney General, Daytona Beach, for Appellee.

ORFINGER, M., Senior Judge.

Having been convicted after a jury trial of sale of cocaine in Count I and possession of cocaine in Count II, the trial court sentenced Appellant as an habitual offender on both counts, despite Appellant's objection to the habitualization as to Count II. Section 775.084(1)(a)(3), Florida Statutes (1997) specifies that an habitual offender sentence is not to be imposed to a charge of possession of a controlled substance. The sentence as...

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