Pittman v. State (733 So. 2d 594, 1999)

PER CURIAM.

Of the issues raised by the defendant in this appeal we agree with the State that there is merit only in one. Defendant argues that his ten (10) year sentence on the charge of possession of cocaine is illegal because “Section 775.084(l)(a)3, Florida Statutes (1995), does not permit enhanced sentencing as a habitual offender if the felony is ‘a violation of Section 893.13 relating to the purchase or possession of a controlled substance.’ ” Barber v. State, 699 So.2d 325, 325-26 (Fla. 3d DCA 1997). Accordingly, we reverse the defendant’s habitual offender sentence for the charge of possession of cocaine and remand with instructions to vacate that sentence and re-sentence the defendant on that count.

Reversed and remanded.