RICHARD NEWBERRY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm appellant’s convictions for sexual battery with force or injury, burglary with assault or battery and rob-b'ery. We reverse the trial court’s imposition of the habitual offender statute on appellant’s conviction of sexual battery with force or injury because the habitual offender statute does not apply to this life felony. See § 794.011(3), Fla.Stat. (1991); Lamont v. State, 610 So. 2d 435 (Fla.1992). We also reverse the imposition of the habitual offender statute on appellant’s conviction of burglary with assault or battery. When the trial court orally pronounced sentence, it did not sentence appellant as a habitual offender on this offense. See McBee v. State, 581 So. 2d 1009 (Fla. 4th DCA 1991). We otherwise affirm the sem tences imposed on each of appellant's convictions in all respects. We remand this cause to the trial court with instructions to correct its judgment and sentence consistent with this opinion.
AFFIRMED IN PART; REVERSED IN PART and REMANDED.
DELL, WARNER and POLEN, JJ., concur.
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Hoggins v. State, 689 So. 2d 383 (Fla. 4th DCA 1997)…the majority inclined to affirm the conviction, I believe we would agree that appellant’s Habitual Violent Felony Offender Sentence for a life felony would require reversal in any event. Lamont v. State, 610 So. 2d 435 (Fla.1992); Newberry v. State, 616 So. 2d 1093 (Fla. 4th DCA 1993). Because the majority reverses for a new trial, it was unnecessary for them to reach the sentencing issue.…
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Newberry v. State, 870 So. 2d 926 (Fla. 4th DCA 2004)
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Jones v. State, 624 So. 2d 812 (Fla. 4th DCA 1993)…er is stricken for lack of proper notice. Smiley v. State, 590 So. 2d 1116 (Fla. 4th DCA1991); Hostzclaw v. State, 561 So. 2d 1323 (Fla. 4th DCA1990). The written sentence must be amended to comport with the oral sentence. E.g., Newberry v. State, 616 So. 2d 1093 (Fla. 4th DCA1993); McBee v. State, 581 So. 2d 1009 (Fla. 4th DCA1991); Tannihill v. State, 559 So. 2d 608 (Fla. 4th DCA1990). It is unclear whether the trial court intended to impose habitual felony offender status [*813] for each and every count…
Authorities Cited
- Lamont v. State, 610 So. 2d 435 (Fla. 1992)
- Tetro v. State, 581 So. 2d 1009 (Fla. 4th DCA 1991)