FERRO v. STATE

No. 5D01-315.

782 So.2d 948 (2001)

Joseph A. FERRO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 6, 2001.


Attorney(s) appearing for the Case

Joseph A. Ferro, Lake Butler, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.


GRIFFIN, J.

Joseph A. Ferro appeals the trial court's order summarily denying his amended Rule 3.800(a) motion, which raises four grounds. One of those four grounds has merit.

Ferro contends that the trial court erred in imposing a habitual offender sentence on his conviction for count four, possession of cocaine. The state concedes that if this type of error is cognizable under Rule 3.800(a), the habitualized sentence was improper. See, e.g., Jackson v...

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