TED BERNARD DIXON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Life Felony cases and more on FLexlaw
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. Armed 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Madison v. State, 664 So. 2d 1140 (Fla. 5th DCA 1995)…the order or the record below whether the $100.00 cost is for the criminal analysis laboratory system, or is an investigative cost. This underscores the need for a clear declaration as to what purpose a cost is being assessed. See Flowers v. State, 659 So. 2d 448 (Fla. 2d DCA 1995) ($100.00 laboratory fee for FDLE stricken because it was imposed without any statutory basis for its imposition); Samuels (although this court surmised that the costs to FDLE referred to costs of prosecution, cost award was strick…
-
JOE v. State, 668 So. 2d 325 (Fla. 2d DCA 1996)…Hale v. State, 630 So. 2d 521 (Fla.1998), cert. denied, — U.S. —, 115 S.Ct. 278, 180 L.Ed.2d 195 (1994). Next, the trial court correctly determined that the two life felony offenses were not eligible for habitual offender sentences. Dixon v. State, 659 So. 2d 448 (Fla. 2d DCA 1995). The sentencing guidelines scoresheet prepared for Mr. Joe’s two life felonies included points for all of the convictions for which he received habitual violent offender sentences. Those offenses cannot be included on this scoresh…
Authorities Cited
- McKINNEY v. State, 585 So. 2d 318 (Fla. 2d DCA 1991)
- Nixon v. State, 595 So. 2d 165 (Fla. 2d DCA 1992)