Tisdale v. State

Dwight Tisdale was convicted of sale and possession of cocaine in violation of section 893.13, Florida Statutes (1995). We affirm appellant’s convictions but reverse his sentence on the possession charge because drug possession convictions are not subject to habitual offender sentencing.

Tisdale was sentenced to 15 years’ imprisonment for sale of cocaine and 5 years’ imprisonment for cocaine possession. He was adjudicated a habitual felony offender on both offenses. Section 775.084(l)(a)3, Florida Statutes (1995), expressly provides that purchase and possession of controlled substances are…