Florida District Courts of Appeal, 1994

Martin v. State

Martin v. State
Florida District Courts of Appeal · Decided February 7, 1994 · Booth, Davis, Lawrence
630 So. 2d 1256; 1994 Fla. App. LEXIS 601; 1994 WL 30330 (Southern Reporter, Second Series)

Martin v. State

Opinion of the Court

PER CURIAM.

Appellant’s habitual felony offender sentence under section 775.084, Florida Statutes, is affirmed. We must remand this ease to the trial court, however, with instructions to delete the habitual offender designation of *1257appellant’s sentence for battery, a misdemeanor, in circuit court case 89-1054. Misdemeanor offenses are not subject to “habitu-alization.” Appellant need not be present at resentencing.

BOOTH, LAWRENCE and DAVIS, JJ., concur.

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