Antonio R. Hernandez v. State of Florida
District Court of Appeal of Florida
1Opinion of the CourtWetherell, J.
In this postconviction case, the appellant, Antonio R. Hernandez, contends that his habitual felony offender (HFO) sen-fence for possession of contraband in a state correctional facility is illegal because the contraband he possessed was a controlled substance. The trial court concluded that the sentence is legal because possession of contraband in a state correctional facility is not a violation of section 893.13, Florida Statutes. We agree and, therefore, affirm the trial court’s order denying Hernandez’s rule 3.800(a) motion.
In 2006, following a plea, Hernandez was convicted of possession…
2Cases cited6 opinions
- Leftwich v. StateDistrict Court of Appeal of Florida · 1991
- Cribbs v. StateDistrict Court of Appeal of Florida · 1992
- Hughes v. StateDistrict Court of Appeal of Florida · 2003
- Baldwin v. StateDistrict Court of Appeal of Florida · 1996
- Dougherty v. StateDistrict Court of Appeal of Florida · 2010
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