ROMEO WARD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Ward was sentenced as an habitual felony offender for possession of a firearm by a convicted felon and second-degree murder “by shooting,” as charged in the information. Second-degree murder “by shooting” is a life felony under sections 782.04(2) and 775.087(1)(a), Florida Statutes (1993), and, as such, Ward’s sentence should not have been habitualized. Williams v. State, 650 So. 2d 1054 (Fla. 1st DCA 1995); Boatwright v. State, 637 So. 2d 353 (Fla. 1st DCA 1994). We therefore affirm Ward’s convictions, but remand for correction of the judgment and sentence for second-degree murder to show that Ward was not adjudicated and sentenced as an habitual offender as to that conviction. Lambert v. State, 630 So. 2d 230 (Fla. 2d DCA 1994). We affirm without comment all other issues on appeal.
AFFIRMED and REMANDED with directions to correct judgment and sentence.
BOOTH, JOANOS and WOLF, JJ., concur.
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Citator
Cited By
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Romeo Ward v. State, 895 So. 2d 439 (Fla. 1st DCA 2005)…lenges an order by which the lower court denied a petition for a writ of mandamus. In his petition below the appellant sought to compel the lower court to comply with the mandate which issued in connection with this court’s opinion in Ward v. State, 667 So. 2d 231 (Fla. 1st DCA 1995), wherein we directed that the judgment and sentence for the appellant’s second degree murder conviction be corrected to show that the appellant was not adjudicated as a habitual offender for that offense. The attachments to the p…
Authorities Cited
- Detrick Williams v. State, 650 So. 2d 1054 (Fla. 1st DCA 1995)
- Lambert v. State, 630 So. 2d 230 (Fla. 2d DCA 1994)
- Boatwright v. State, 637 So. 2d 353 (Fla. 1st DCA 1994)