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Lambert v. State

630 So. 2d 230, 1994 Fla. App. LEXIS 323, 1994 WL 22561
CourtDistrict Court of Appeal of Florida
DecidedJanuary 26, 1994
DocketNo. 92-02523
StatusPublished
Cited by2 cases

This text of 630 So. 2d 230 (Lambert 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
Lambert v. State, 630 So. 2d 230, 1994 Fla. App. LEXIS 323, 1994 WL 22561 (Fla. Ct. App. 1994).

Opinion

PER CURIAM.

Eric Lambert was sentenced to two concurrent terms of life imprisonment for sexual battery and burglary. He appeals the imposition of a habitual offender sentence for the crime of sexual battery contrary to section 794.011, Florida Statutes (1991), a life felony. The supreme court clearly states in Lamont v. State, 610 So.2d 435 (Fla.1992), that the habitual offender statute is inapplicable to life felonies.

Accordingly, we affirm the convictions, but remand for correction of the judgment and sentence for sexual battery to show that Lambert was not adjudicated and sentenced as a habitual offender.

PATTERSON, A.C.J., and ALTENBERND and LAZZARA, JJ., concur.

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Related

Ward v. State
667 So. 2d 231 (District Court of Appeal of Florida, 1995)
Lee v. State
642 So. 2d 1190 (District Court of Appeal of Florida, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
630 So. 2d 230, 1994 Fla. App. LEXIS 323, 1994 WL 22561, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lambert-v-state-fladistctapp-1994.