Lavario Ray v. State of Florida

Lavario Ray appeals the summary denial of his motion seeking postconviction relief brought pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm, without comment, the posteonviction court’s denial of three of the Appellant’s four claims. However, as to his claim that he was improperly habitualized as to his conviction for conspiracy to purchase or possess cocaine, we reverse.

In the instant postconviction motion, the Appellant argued in part that he was illegally sentenced to life in prison as an HFO for conspiracy to purchase or possess cocaine with intent to sell. This claim has…