Davis v. State

The appellant, Herbert Davis, challenges the trial court’s judgment and sentence. We find that the trial court erred in resentencing the appellant and, accordingly, reverse and remand for resentencing.

The appellant was charged with and convicted of one count of delivery of cocaine with intent to sell within 1000 feet of a school and one count of possession of a controlled substance with intent to sell, purchase, manufacture, or deliver within 1000 feet of a school. § 893.13(l)(e)l., Fla.Stat. (1989). The appellant was sentenced as a habitual felony offender to two consecutive life sentences.…