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696 So. 2d 913

Docket No. 95-03957.

Miller v. State

Frank James MILLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 1997-07-02

Relies on Belton v. State · 696 So. 2d 819 - Bellesfield v. State

Decided 1997-07-02

¶1*914 James Marion Moorman, Public Defender, and Richard J. Sanders, Assistant Public Defender, Bartow, for Appellant.

¶2Robert A. Butterworth, Attorney General, Tallahassee, and Stephen D. Ake, Assistant Attorney General, Tampa, for Appellee.

¶3PER CURIAM.

¶4Appellant challenges his convictions and sentences for delivery and possession of cocaine. We affirm appellant's convictions without discussion. However, the trial court sentenced appellant as a habitual felony offender for both offenses.Under section 775.084(1)(a)3, Florida Statutes (1993), purchase and possession of controlled substances are felonies that are not subject to habitual offender sentencing. See Belton v. State,673 So.2d 880 (Fla. 2d DCA 1996). As indicated by the sentencing guidelines score sheet, appellant's sentences were within the guidelines. Accordingly, we remand with directions to remove the habitual felony offender designation on the sentence for possession of cocaine. See Tisdale v. State,696 So.2d 819 (Fla. 2d DCA 1997). We affirm appellant's sentences in all other respects.

¶5Affirmed in part, reversed in part, and remanded with directions.

¶6LAZZARA, A.C.J., and FULMER and WHATLEY, JJ., concur.

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