Florida District Courts of Appeal, 1992

Smith v. State

Smith v. State
Florida District Courts of Appeal · Decided October 21, 1992 · Altenbernd, Lehan, Patterson
605 So. 2d 1344; 1992 Fla. App. LEXIS 11179; 1992 WL 301830 (Southern Reporter, Second Series)

Smith v. State

Opinion of the Court

PER CURIAM.

Appellant was convicted of sexual battery by threat of great force and kidnapping. He was sentenced to thirty-five years’ imprisonment on each count, to be served concurrently. Although the state sought sentencing as a habitual offender, appellant was not habitualized. Consequently, the maximum sentence for the sexual battery was thirty years’ imprisonment. §§ 794.011(4)(b) and 775.082(3)(b), Fla.Stat. (1989). We, therefore, reverse the sentence for the sexual battery and *1345remand for resentencing. Otherwise, affirmed.

LEHAN, C.J., and PATTERSON and ALTENBERND, JJ., concur.

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