Florida District Courts of Appeal, 1992

Martinez v. State

Martinez v. State
Florida District Courts of Appeal · Decided August 12, 1992 · Downey, Farmer, Stone
602 So. 2d 700; 1992 Fla. App. LEXIS 9064; 1992 WL 191303 (Southern Reporter, Second Series)

Martinez v. State

Opinion of the Court

PER CURIAM.

In this appeal the state concedes, and we agree, that the trial court erred in sentencing defendant as a habitual felony offender for a misdemeanor battery conviction. See section 775.084(l)(a)(2), Fla.Stat. (1991). We reverse the sentence and remand, therefore, with instructions to correct this obvious oversight. We affirm on all other issues.

DOWNEY, STONE and FARMER, JJ., concur.

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