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749 So. 2d 543

Upshaw v. State

District Court of Appeal of Florida

Decided January 5, 2000

District Court of Appeal of Florida · decided 2000-01-05

Decided 2000-01-05

PER CURIAM.

¶1Ronnie Upshaw appeals the trial court’s order revoking his probation, and the imposition of a habitual offender sentence on his possession of cocaine conviction. We affirm the trial court’s revocation of Up-shaw’s probation without discussion. However, we agree that the court could not impose a habitual offender sentence on the possession of cocaine conviction. See § 775.084(l)(a)3., Fla. Stat. (1997).

¶2Affirmed in part, reversed in part, remanded for resentencing on the possession of cocaine conviction.

CAMPBELL, A.C.J., THREADGILL and DAVIS, JJ., Concur.
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