Diaz v. State

As the state concedes, the defendant’s sentence for possession of 200-400 grams of cocaine, contrary to section 893.135(l)(b)I.b., Florida Statutes (1997), improperly designates him a habitual felony offender. Clay v. State, 750 So.2d 153 (Fla. 1st DCA 2000); Rainey v. State, 741 So.2d 1207 (Fla. 1st DCA 1999). The order denying post-conviction relief is therefore reversed solely for the entry of an order striking that provision.1 The order is otherwise affirmed.. Because the issue was not raised before the state's answer brief, it has obviously waived the objection that the sentence did not…