Legal Opinion

Antonio R. Hernandez v. State of Florida

District Court of Appeal of Florida

Decided July 30, 2014No. 1D14-0363Published

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

  1. Leftwich v. StateDistrict Court of Appeal of Florida · 1991
  2. Cribbs v. StateDistrict Court of Appeal of Florida · 1992
  3. Hughes v. StateDistrict Court of Appeal of Florida · 2003
  4. Baldwin v. StateDistrict Court of Appeal of Florida · 1996
  5. Dougherty v. StateDistrict Court of Appeal of Florida · 2010

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