Florida District Courts of Appeal, 1994

Lambert v. State

Florida District Courts of Appeal · Decided January 26, 1994 · No. 92-02523 · Altenbernd, Lazzara, Patterson

630 So. 2d 230; 1994 Fla. App. LEXIS 323; 1994 WL 22561 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Ward v. State (Fla. Dist. Ct. App. 1995)
Lee v. State (Fla. Dist. Ct. App. 1994)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Eric Lambert was sentenced to two concurrent terms of life imprisonment for sexual battery and burglary. He appeals the imposition of a habitual offender sentence for the crime of sexual battery contrary to section 794.011, Florida Statutes (1991), a life felony. The supreme court clearly states in Lamont v. State, 610 So.2d 435 (Fla. 1992), that the habitual offender statute is inapplicable to life felonies.

Accordingly, we affirm the convictions, but remand for correction of the judgment and sentence for sexual battery to show that Lambert was not adjudicated and sentenced as a habitual offender.

PATTERSON, A.C.J., and ALTENBERND and LAZZARA, JJ., concur.

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