Joyce v. State

NORTHCUTT, Judge.

Terry Joyce pleaded guilty to numerous charges of delivery or possession of cocaine, and to one charge of sale of a counterfeit controlled substance. The court sentenced him as a habitual offender on the delivery counts and under the guidelines on the other counts. Joyce challenges his sentences on appeal.

We first address the habitual offender sentences. We reject Joyce’s argument that the State failed to prove that his previous convictions were separately sentenced, as required under section 775.084(5), Florida Statutes (1995). But there is merit in Joyce’s contention that…