LEONARD OTIS WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that life felonies for sexual battery cannot be enhanced under the habitual offender statute or the multiple perpetrator statute.
Defendant was convicted of two counts of sexual battery with great force, a life felony. The trial court imposed enhanced sentences.…
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PER CURIAM.
Leonard Otis Williams challenges his convictions and sentences for two counts of sexual battery. We affirm the judgments but reverse the sentences because these life felonies cannot be enhanced under section 775.084(4), Florida Statutes (1993) or section 794.023, Florida Statutes (1993).
Williams was convicted as a principal on two counts of sexual battery with great force. Sexual battery with great force is a life felony pursuant to section 794.011(3), Florida Statutes (1993). A defendant who is convicted of a life felony cannot have his sentence enhanced under the habitual offender statute, section 775.084(4), or under the statute pertaining to multiple perpetrators, section 794.023. Owens v. State, 626 So. 2d 240 (Fla. 2d DCA 1993). The trial court erroneously designated these offenses as first-degree felonies and imposed enhanced sentences of life.
Since enhancement of the life felonies was error, we reverse the sentences and remand to the trial court for resentencing. Prior to resentencing the state should be directed to prepare a guidelines scoresheet.
SCHOONOVER, A.C.J., and QUINCE and WHATLEY, JJ., concur.
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Hill v. State, 796 So. 2d 564 (Fla. 3d DCA 2001)…culates his additional offense as a first degree felony punishable by life. See also State v. Riveron, 723 So. 2d 845, 846 (Fla. 3d DCA 1998) (kidnapping); Brown v. State, 682 So. 2d 667, 668 (Fla. 4th DCA 1996) (sexual battery); Williams v. State, 678 So. 2d 443 (Fla. 2d DCA 1996) (sexual battery). What has led to some confusion on the defendant’s part is the fact that the judgment erroneously includes a citation to section 775.087, Florida Statutes, for counts one, two, four, and five. Section 775.087 is…
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Cole v. State, 716 So. 2d 325 (Fla. 2d DCA 1998)…a life felony cannot be enhanced by use of the habitual violent felony offender statute, that portion of the judgment and sentence finding Cole to be a habitual offender must be stricken and he must be resentenced accordingly. See Williams v. State, 678 So. 2d 443 (Fla. 2d DCA 1996). Because Cole’s offenses occurred on September 17, 1995, his scoresheet was improperly enhanced by 2.0 for law enforcement protection. The enhancement factor [*326] applies to attempted murder in the first degree only if committ…
Authorities Cited
- Owens v. State, 626 So. 2d 240 (Fla. 2d DCA 1993)