Barber v. State

Darren Barber appeals his habitual felony offender classification and resultant enhanced sentence for possession of cocaine with intent to sell, arguing that Section 775.084(l)(a)3, Florida Statutes (1995), does not permit such classification for this crime. We agree.

In May 1996, Barber was charged with and convicted of the following offenses: (1) sale of cocaine and (2) possession of cocaine with intent to sell or distribute. The court below applied the habitual felony offender statute, Section 775.084(l)(a)3, Florida Statutes (1995), to both offenses and sentenced Barber to fifteen (15)…