Gagger v. State

GRIFFIN, Chief Judge.

Defendant, Curtis Gagger, appeals the summary denial of his Rule 3.800 motion to correct sentence. On November 15, 1993, defendant was sentenced as a habitual offender to seven years incarceration in Case No. 93-302 for sale of cocaine and possession of cocaine, concurrent with three and one-haif years incarceration for possession of cocaine in Case No. 93-242. Defendant claims that he was improperly sentenced as a habitual felony offender since his convictions were for drug offenses excluded from the operation of the habitual offender statute. Section 775.084(l)(a)3,…