JACK PELHAM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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RYDER, Acting Chief Judge.
Jack Pelham seeks review of the judgment and sentence entered on a jury verdict finding him guilty of kidnapping, robbery with a deadly weapon, grand theft auto, sexual battery with a deadly weapon and sexual battery. Appellant’s convictions are affirmed.
However, appellant was sentenced as a habitual offender for the conviction of sexual battery with a deadly weapon which is a life felony. § 794.011(3), Fla.Stat. (1989). Because life felonies are not subject to habitual offender enhancement, Burdick v. State, 594 So. 2d 267 (Fla.1992); Leaty v. State, 590 So. 2d 512 (Fla. 2d DCA 1991); Lock v. State, 582 So. 2d 819 (Fla. 2d DCA 1991), it was error to check the “habitual offender” box on the sentence form. Accordingly, the case is remanded to the trial court for correction of this scrivener’s error. See Power v. State, 568 So. 2d 511 (Fla. 5th DCA 1990). Appellant’s sentence is otherwise affirmed.
Affirmed, but remanded.
CAMPBELL and ALTENBERND, JJ., concur.
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Citator
Cited By
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Larry v. State, 616 So. 2d 603 (Fla. 2d DCA 1993)…fender when in fact he was not. He was habitualized for the robbery counts but not for the kidnapping. Armed kidnapping is a life felony, thus is not subject to the habitual offender statute. Section 775.087(l)(a), Fla.Stat. (1989); Pelham v. State, 595 So. 2d 581 (Fla. 2d DCA 1992). Clearly, the habitual offender box was checked by mistake. We remand for the kidnapping sentence to be corrected so as to reflect it was not an habitual offender sentence. Next, appellant argues that it was error to impose addi…
Authorities Cited
- Burdick v. State, 594 So. 2d 267 (Fla. 1992)
- Power v. State, 568 So. 2d 511 (Fla. 5th DCA 1990)
- Jernigan v. State, 582 So. 2d 819 (Fla. 2d DCA 1991)
- Lock v. State, 582 So. 2d 819 (Fla. 2d DCA 1991)
- Leaty v. State, 590 So. 2d 512 (Fla. 2d DCA 1991)