Davis v. State
Davis appealed the summary dismissal of his second Rule 3.800(a) motion arguing his habitual felony offender (HFO) sentence for possession of cocaine with intent to sell/deliver was illegal because HFO enhancement cannot be based on section 893.13 offenses relating to possession or purchase. The Fifth DCA agreed the possession-based count could not support HFO status, rejected the State's argument that the successive motion was barred by law of the case/collateral estoppel because the prior motion had been dismissed (not denied on the merits), and reversed and remanded for consideration on the merits.
Key facts
- Davis was convicted of possession of cocaine with intent to sell/deliver and sentenced as a habitual felony offender (HFO).
- Davis filed a second Rule 3.800(a) motion challenging his HFO enhancement, arguing that possession-based offenses under section 893.13 cannot support HFO status; the trial court summarily dismissed the motion.
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Why it matters
This opinion reinforces the settled rule that HFO status cannot be imposed for section 893.13 possession/purchase offenses and is useful authority for post-conviction practitioners challenging habitual offender… — full analysis with a trial
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