Wright v. State

This is an appeal from a summary denial of a rule 3.850 motion. We affirm on all grounds except one, because the record is insufficient on that ground.

Appellant argues that the trial court erred in sentencing him as a habitual, offender for possession with intent to sell. Effective June 1993, section 775.084(l)(a)3, Florida Statutes (1993), was amended to allow enhanced sentencing as a habitual offender, so long as “[t]he felony for which the defendant is to be sentenced ... is not a violation of s. 898.13 relating to the purchase or the possession of a controlled substance.” § 775.084(l)(a)3.