McCray v. State

PATTERSON, Chief Judge.

Douglas McCray appeals from his sentences for possession of cocaine with intent to sell and sale of cocaine. The trial court sentenced McCray as a habitual offender on both counts and imposed a concurrent sentence of fifteen years in prison. McCray correctly argues, and the State concedes, that the trial court erred in imposing a habitual offender sentence for possession of cocaine with intent to sell. See Brown v. State, 744 So.2d 1184 (Fla. 2d DCA 1999); § 775.084(1)(a)(3), Fla. Stat. (Supp.1998) (prohibiting habitual offender sentence for “violation of s. 893.13…