Fernandez v. State

SALARIO, Judge.

Caleb Fernandez was convicted of possession of cocaine, received a forty-month prison sentence, and appeals both his conviction and sentence. We affirm his conviction without comment. Based on the supreme court’s decision last year in Norvil v. State, 191 So.3d 406, 407 (Fla. 2016), we are required to reverse his sentence because the trial court improperly considered Mr. Fernandez’s arrest for an alleged offense committed while he was on pretrial release on the possession charge.

The facts underlying Mr. Fernandez’s arrest and conviction in this case do not matter with respect…