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Pelham v. State

District Court of Appeal of Florida, Second District
Mar 25, 1992
595 So. 2d 581 (Fla. Dist. Ct. App. 1992)

Opinion

No. 90-01281.

March 25, 1992.

Appeal from the Circuit Court for DeSoto County; James S. Parker, Judge.

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.


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.


Summaries of

Pelham v. State

District Court of Appeal of Florida, Second District
Mar 25, 1992
595 So. 2d 581 (Fla. Dist. Ct. App. 1992)
Case details for

Pelham v. State

Case Details

Full title:JACK PELHAM, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Mar 25, 1992

Citations

595 So. 2d 581 (Fla. Dist. Ct. App. 1992)

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