Florida District Courts of Appeal, 1995

Dixon v. State

Florida District Courts of Appeal · Decided August 16, 1995 · Blue, Parker, Threadgill

659 So. 2d 448; 1995 Fla. App. LEXIS 8672; 1995 WL 480499 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Joe v. State (Fla. Dist. Ct. App. 1996)

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

THREADGILL, Chief Judge.

Dixon appeals his judgments and sentences for armed kidnapping, robbery with a deadly weapon, and violation of probation. We affirm the judgments for all offenses and the sentences for violation of probation and robbery with a deadly weapon, however, we remand the sentence for armed kidnapping.

*449Armed kidnapping is a life felony. § 775.087, § 787.01 Florida Statutes (1991). The habitual offender statute is inapplicable to life felonies. Nixon v. State, 595 So.2d 165 (Fla. 2d DCA 1992); McKinney v. State, 585 So.2d 318 (Fla. 2d DCA 1991). Therefore, it was error to sentence Dixon as a habitual violent felony offender for this offense. On remand, any references to Dixon’s habitualization in the sentencing documents for the offense of armed kidnapping shall be stricken. We find no merit in Dixon’s other points on appeal and affirm as to those issues.

Affirmed and remanded for correction of sentencing documents.

PARKER and BLUE, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.