Williams v. State

SCHOONOVER, Acting Chief Judge.

The appellant, Curtis Williams, challenges the sentences imposed upon him after he was found guilty of two counts of sale of a false controlled substance in violation of section 817.563(1), Florida Statutes (1987). We find that the trial court erred in sentencing the appellant and, accordingly, reverse and remand for resentencing.

After the appellant was found guilty by a jury of two counts of sale of a false controlled substance, the state, pursuant to a prior notice, requested the court to find that the appellant was an habitual felony offender. The court…