LARRY L. HOLLINGSWORTH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Larry Hollingsworth appeals his convictions and sentences for attempted first-degree murder, sexual battery, and two counts of lewd and lascivious acts upon a minor under sixteen. We affirm the convictions without discussion. We also affirm Mr. Holl-ingsworth’s life sentence as a habitual offender for attempted first-degree murder. We reverse Mr. Hollingsworth’s habitual offender sentence for the sexual battery. A review of the trial court’s sentencing hearing indicates that Mr. Hollingsworth was sentenced as a habitual offender for the sexual battery, which is a life felony. See § 794.011(3), Fla. Stat. (1993). At the time of the offense, a defendant could not be sentenced as a habitual offender on a life felony. See Blotz v. State, 640 So. 2d 1240 (Fla. 2d DCA 1994). On remand, the defendant must be resentenced for this offense.
Affirmed in part, reversed in part, and remanded.
THREADGILL, A.C.J., and ALTENBERND and NORTHCUTT, JJ., concur.
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Neal v. State, 854 So. 2d 666 (Fla. 2d DCA 2003)…ury trial of four counts of attempted first-degree murder of a law enforcement officer, one count of carjacking, two counts of false imprisonment, and one count of armed burglary. His convictions and sentences were affirmed on appeal. Neal v. State, 711 So. 2d 1358 (Fla. 2d DCA 1998). In the first claim in ground four of his rule 3.850 motion, Neal alleged that counsel was ineffective for failing to request that the trial court instruct the jury that it should consider Ida Yvette McDaniels’ pri- or inconsiste…
Authorities Cited
- Blotz v. State, 640 So. 2d 1240 (Fla. 2d DCA 1994)