Salters v. State

Eldred E. Salters appeals an order which denied a motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Of the seven issues raised, we conclude that only one has merit.

Salters was sentenced on count two, possession of cocaine, to a habitual felony offender sentence. Section 775.084(l)(a)3., Florida Statutes (1995), precludes habitual felony offender sentencing where the underlying felony is a violation of section 893.13, relating to the purchase or possession of a controlled substance. Because possession of cocaine is a violation of section 893.13,…