Edwards v. State

Defendant, Alfonzo Edwards, appeals the summary denial of his Rule 3.800(a) motion. Defendant claims that he was improperly sentenced as an habitual felony offender because the trial court relied on a prior conviction for possession of a controlled substance which defendant contends cannot be used as a predicate offense for habitualization.

Section 775.084(l)(a)3, Florida Statutes, requires that “[t]he felony for which the defendant is to be sentenced and one of the two prior felony convictions, is not a violation of section 893.13 relating to the purchase or the possession of a controlled…