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699 So. 2d 347

Gagger v. State

District Court of Appeal of Florida

Decided September 26, 1997

District Court of Appeal of Florida · decided 1997-09-26

Cited by 2 later decisions — most recently February 1999

2 state decisions

Key passage — most relied on by later courts

“(a) "Habitual felony offender" means a defendant for whom the court may impose an extended term of imprisonment, as provided in paragraph (4)(a), if it finds that: 1. The defendant has previously been convicted of any combination of two or more felonies in this state or other qualified offenses; * * * * * . The felony for which the defendant is to be sentenced, and one of the two prior felony convictions, is not a violation of s. 893.13 relating to the purchase or the possession of a controlled substance....”

quoted by 1 later decision, including 707 So. 2d 823 - Rollins v. State

Relies on 684 So. 2d 1347 - Hester v. Posey · 675 So. 2d 184 - Bond v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1997-09-26

View the full empirical analysis of this case →

GRIFFIN, Chief Judge.

¶1Defendant, Curtis Gagger, appeals the summary denial of his Rule 3.800 motion to correct sentence. On November 15, 1993, defendant was sentenced as a habitual offender to seven years incarceration in Case No. 93-302 for sale of cocaine and possession of cocaine, concurrent with three and one-haif years incarceration for possession of cocaine in Case No. 93-242. Defendant claims that he was improperly sentenced as a habitual felony offender since his convictions were for drug offenses excluded from the operation of the habitual offender statute. Section 775.084(l)(a)3, Florida Statutes (1993), does not permit habitualization when both 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, Florida Statutes, relating to the purchase or possession of a controlled substance.

¶2The lower court entered a cogent order explaining that the effective date of section 775.084(l)(a)3, Florida Statutes (1993), was June 17, 1993. See Ch. 93-406, §§ 2, 44, Laws of Fla. The underlying offenses were committed in Case No. 93-242 on January *34828, 1993, and in Case No. 93-302 on December 16, 1992. The statute in effect at the time defendant committed his crimes is controlling, and such statute did not contain the exclusion provision. See Bond v. State, 675 So.2d 184 (Fla. 5th DCA), review denied, 684 So.2d 1350 (Fla.1996).

¶3AFFIRMED.

PETERSON and ANTOON, JJ., concur.
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