JOHN EARL HUBBARD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
John Earl Hubbard appeals his convictions and the sentences imposed for the offenses of attempted sexual battery and burglary of a dwelling. We affirm the convictions. We reject the appellant’s attacks on his convictions, including his challenge to the constitutionality of the habitual offender statute. See Arnold v. State, 566 So. 2d 37 (Fla. 2d DCA 1990). We affirm the habitual offender sentence imposed on the burglary conviction.
The appellant correctly asserts that the forty year sentence on the attempted sexual battery, a second degree felony, exceeds the statutory maximum of thirty years. § 775.084(4)(b)2, Fla.Stat. (1988 Supp.).
Accordingly, we affirm both convictions and the sentence imposed for burglary. We reverse the sentence imposed for attempted sexual battery and remand for re-sentencing.
DANAHY, A.C.J., and FRANK and HALL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hubbard v. State, 773 So. 2d 87 (Fla. 2d DCA 2000)…SALCINES, JJ., Concur. . Hubbard received this sentence after this court reversed and remanded his original sentence for forty years as a habitual violent felony offender with a minimum mandatory of fifteen years on count II. See Hubbard v. State, 582 So. 2d 824, 824 (Fla. 2d DCA 1991) (holding that the forty-year sentence exceeded the statutory maximum of thirty years).…
Authorities Cited
- Arnold v. State, 566 So. 2d 37 (Fla. 2d DCA 1990)