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Martin v. State

630 So. 2d 1256, 1994 Fla. App. LEXIS 601, 1994 WL 30330
Procedural entryThis page is a short order in Martin v. State. Read the opinion of the Court — 618 So. 2d 737 →
District Court of Appeal of Florida·Decided February 7, 1994·No. No. 92-2225·Published

Opinion

PER CURIAM.

Appellant’s habitual felony offender sentence under section 775.084, Florida Statutes, is affirmed. We must remand this ease to the trial court, however, with instructions to delete the habitual offender designation of [1257]*1257appellant’s sentence for battery, a misdemeanor, in circuit court case 89-1054. Misdemeanor offenses are not subject to “habitu-alization.” Appellant need not be present at resentencing.

BOOTH, LAWRENCE and DAVIS, JJ., concur.

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Martin v. State, 630 So. 2d 1256, 1994 Fla. App. LEXIS 601, 1994 WL 30330 (Fla. Ct. App. 1994).

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