Fortner v. State

Full title: KENNETH M. FORTNER, Appellant v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Second District

Date published: Aug 30, 2000

No. 2D99-2842 (Fla. Dist. Ct. App. Aug. 30, 2000)

Opinion

No. 2D99-2842.

Opinion filed August 30, 2000.

Appeal from the Circuit Court for Pinellas County, Richard A. Luce, Judge.

Kenneth M. Fortner, Pro Se, Tampa, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Sonya Roebuck Horbelt, Assistant Attorney General, Tampa, for Appellee.

DAVIS, Judge.

Kenneth M. Fortner challenges his convictions and sentences for one count of trafficking in cocaine and two counts of conspiracy to traffic in cocaine. Although he raises nine issues on appeal, we find merit only in Fortner's contention that he was improperly habitualized on his trafficking offense. We agree that the trial court erred in imposing a habitual felony offender sentence on the trafficking charge and reverse. See Bryant v. State, 25 Fla. L. Weekly D1466 (Fla. 5th DCA June 16, 2000); Clay v. State, 750 So.2d 153 (Fla. 1st DCA 2000).

Affirmed in part and reversed in part and remanded for resentencing on the trafficking charge only.

ALTENBERND, A.C.J., and NORTHCUTT, J., Concur.

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.