ERIC LAMBERT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Eric Lambert was sentenced to two concurrent terms of life imprisonment for sexual battery and burglary. He appeals the imposition of a habitual offender sentence for the crime of sexual battery contrary to section 794.011, Florida Statutes (1991), a life felony. The supreme court clearly states in Lamont v. State, 610 So. 2d 435 (Fla.1992), that the habitual offender statute is inapplicable to life felonies.
Accordingly, we affirm the convictions, but remand for correction of the judgment and sentence for sexual battery to show that Lambert was not adjudicated and sentenced as a habitual offender. PATTERSON, A.C.J., and ALTENBERND and LAZZARA, JJ., concur.
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LEE v. State, 642 So. 2d 1190 (Fla. 1st DCA 1994)…felony with respect to which a habitual offender sentence is invalid. The state concedes error on this point. See Lamont v. State, 610 So. 2d 435 (Fla.1992) (life felonies are not within the scope of the habitual offender statute); Lambert v. State, 630 So. 2d 230 (Fla. 2d DCA 1994) (sexual battery). We reject Lee’s request that his sentence be remanded for imposition of a guidelines sentence. Inasmuch as it appears Lee entered a plea on the assumption that he would qualify as a habitual offender, he “should…
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McLEOD v. State, 645 So. 2d 116 (Fla. 5th DCA 1994)…Fla. 5th DCA 1994); Fulmore v. State, 634 So. 2d 829 (Fla. 5th DCA 1994); Lynch v. State, 632 So. 2d 710 (Fla. 5th DCA 1994); Smith v. State, 632 So. 2d 99 (Fla. 5th DCA 1994); Fontenont v. State, 631 So. 2d 379 (Fla. 5th DCA 1994); Fannin v. State, 630 So. 2d 230 (Fla. 5th DCA 1994); Duffey v. [*117] State, 629 So. 2d 1115 (Fla. 5th DCA 1994). Appellant must be properly resentenced. SENTENCE VACATED; REMANDED. PETERSON and THOMPSON, JJ., concur.…
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Cordell Ashford v. State, 652 So. 2d 1195 (Fla. 5th DCA 1995)…h rule 3.720(d)(1). See also McLeod v. State, 645 So. 2d 116 (Fla. 5th DCA 1994), Edwards v. State, 639 So. 2d 107 (Fla. 5th DCA 1994), review denied, 645 So. 2d 451 (Fla.1994); Fontenot v. State, 631 So. 2d 379 (Fla. 5th DCA 1994); Fannin v. State, 630 So. 2d 230 (Fla. 5th DCA 1994). We further note that in this case Ash-ford entered negotiated pleas to two separate felony offenses.2 In both the written pleas, the prosecutor agreed that Ashford’s sentences for both counts would run concurrently. Both the wr…
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- Lamont v. State, 610 So. 2d 435 (Fla. 1992)