Gadsen v. State

Full title: CHRISTOPHER GADSEN, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Second District

Date published: May 9, 2003

849 So. 2d 358 (Fla. Dist. Ct. App. 2003)

Opinion

Case No. 2D02-3257

Opinion filed May 9, 2003.

Appeal pursuant to Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Pinellas County; Richard A. Luce, Judge.

WHATLEY, Judge.

Christopher Gadsen appeals the summary denial of his motion to correct illegal sentence. Although we approve the trial court's conclusion that Gadsen is not entitled to relief under Heggs v. State, 759 So.2d 620 (Fla. 2000), we reverse. Gadsen was habitualized for posession of cocaine, which is not among the enumerated felonies on which a defendant may be sentenced as a habitual felony offender. See § 775.084(1)(a)(3), Fla. Stat. (1997). We therefore reverse Gadsen's habitual felony offender sentence for possession of cocaine and remand to the trial court for resentencing according to the sentencing guidelines in effect at the time of his offense.Reversed and remanded for resentencing.

SALCINES and STRINGER, JJ., Concur.