595 So. 2d 581

Jack PELHAM, Appellant, v. STATE of Florida, Appellee.

No. 90-01281.

District Court of Appeal of Florida, Second District.

March 25, 1992.

James Marion Moorman, Public Defender and Timothy A. Hickey, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Brenda S. Taylor, Asst. Atty. Gen., Tampa, for appellee.

RYDER, Acting Chief Judge.

Jack Pelham seeks review of the judgment and sentence entered on a jury verdict finding him guilty of kidnapping, robbery with a deadly weapon, grand theft auto, sexual battery with a deadly weapon and sexual battery. Appellant’s convictions are affirmed.

However, appellant was sentenced as a habitual offender for the conviction of sexual battery with a deadly weapon which is a life felony. § 794.011(3), Fla.Stat. (1989). Because life felonies are not subject to habitual offender enhancement, Burdick v. State, 594 So.2d 267 (Fla.1992); Leaty v. State, 590 So.2d 512 (Fla. 2d DCA 1991); Lock v. State, 582 So.2d 819 (Fla. 2d DCA 1991), it was error to check the “habitual offender” box on the sentence form. Accordingly, the case is remanded to the trial court for correction of this scrivener’s error. See Power v. State, 568 So.2d 511 (Fla. 5th DCA 1990). Appellant’s sentence is otherwise affirmed.

Affirmed, but remanded.

CAMPBELL and ALTENBERND, JJ., concur.

Pelham v. State
595 So. 2d 581

Case Details

Name
Pelham v. State
Decision Date
Mar 25, 1992
Citations

595 So. 2d 581

Jurisdiction
Florida

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