5D04-1249 Lawrence Vickers v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D04-1249

Case Date: 07/05/2004

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2004

LAWRENCE VICKERS, Appellant, v. STATE OF FLORIDA, Appellee. ______________________________/ Opinion filed July 9, 2004 3.800 Appeal from the Circuit Court for Citrus County, Richard A. Howard, Judge. Lawrence Vickers, Malone, pro se. Charles J. Crist, Jr., Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.

CASE NO. 5D04-1249

Defendant, Lawrence James Vickers ["Vickers"], appeals the summary denial of his rule 3.800(a) motion. Vickers alleged in his motion that he was sentenced in three cases to seven and one-half years as a habitual felony offender for possession of cocaine with intent to sell or deliver, in violation of section 893.13, Florida Statutes (1997). Vickers argues that the habitual felony offender statute does not authorize habitualization for a violation of section 893.13. A habitual felony offender sentence is authorized only when the felony for which a defendant is convicted and one of the two required

prior convictions is not a violation of section 893.13. See

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