Hollingsworth v. State

District Court of Appeal of Florida

Hollingsworth v. State

711 So. 2d 1358, 1998 Fla. App. LEXIS 7141, 1998 WL 314567

CourtDistrict Court of Appeal of Florida

DecidedJune 17, 1998

DocketNo. 96-01985

StatusPublished

This text of 711 So. 2d 1358 (Hollingsworth v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hollingsworth v. State, 711 So. 2d 1358, 1998 Fla. App. LEXIS 7141, 1998 WL 314567 (Fla. Ct. App. 1998).

Pincite

Opinion

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

Cite This Page — Counsel Stack

Bluebook (online)

711 So. 2d 1358, 1998 Fla. App. LEXIS 7141, 1998 WL 314567, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hollingsworth-v-state-fladistctapp-1998.

Opinion

Related

Cite This Page — Counsel Stack