Narrative Opinion Summary
Defendant Lionel Perez appeals his convictions for sale of cocaine and possession of cocaine. The court affirms both convictions but reverses the habitual offender sentence for the possession conviction, as section 775.084(1)(a)(3) of the Florida Statutes (1995) does not allow for habitualization in this case, a point conceded by the State. The court mandates that the possession conviction be resentenced in accordance with sentencing guidelines. The convictions and the habitual offender sentence related to the sale of cocaine remain intact.
Legal Issues Addressed
Appellate Review of Convictionssubscribe to see similar legal issues
Application: The court affirms the defendant's convictions for sale of cocaine and possession of cocaine after reviewing the case.
Reasoning: The court affirms both convictions but reverses the habitual offender sentence for the possession conviction.
Resentencing in Accordance with Sentencing Guidelinessubscribe to see similar legal issues
Application: The court orders the possession conviction to be resentenced according to the sentencing guidelines due to the improper application of the habitual offender statute.
Reasoning: The court mandates that the possession conviction be resentenced in accordance with sentencing guidelines.
Sentencing under Habitual Offender Statutesubscribe to see similar legal issues
Application: The court reverses the habitual offender sentence for the possession of cocaine conviction because section 775.084(1)(a)(3) does not permit habitualization in this case.
Reasoning: The court affirms both convictions but reverses the habitual offender sentence for the possession conviction, as section 775.084(1)(a)(3) of the Florida Statutes (1995) does not allow for habitualization in this case, a point conceded by the State.