Dougherty v. State

If we were not bound by this court’s prior panel decision in Daniels v. State, 679 So.2d 354 (Fla. 5th DCA 1996), I would affirm. Section 775.084(l)(a)3., Florida Statutes, is unambiguous. By its clear terms, it precludes habitual felony offender sentencing only where the “felony for which the defendant is to be sentenced, and one of the two prior felony convictions is a violation of section 893.13” which relates to the purchase or possession of a controlled substance. In this case, the prior felonies used to enhance Dougherty’s conviction were for robbery and carrying a firearm without a…