Legal Opinion

McCant v. State

District Court of Appeal of Florida

Decided June 26, 1998No. 97-00084Published

1Opinion of the Court

WHATLEY, Judge.

Angus McCant challenges his convictions and sentences for armed robbery, aggravated battery, and possession of cocaine. We find merit only in his contention that the trial court improperly sentenced him as a habitual offender for his possession of cocaine conviction.

McCant argues, and the State correctly concedes, that it was improper to sentence him as a habitual offender for his possession of cocaine conviction. See Miller v. State, 696 So.2d 913, 914 (Fla. 2d DCA 1997) (holding that possession of a controlled substance is a felony not subject to' habitual offender…

2Cases cited2 opinions

  1. Ricardo v. StateDistrict Court of Appeal of Florida · 1992
  2. Miller v. StateDistrict Court of Appeal of Florida · 1997

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