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Martinez v. State

602 So. 2d 700, 1992 Fla. App. LEXIS 9064, 1992 WL 191303
Procedural entryThis page is a short order in Martinez v. State. Read the opinion of the Court — 549 So. 2d 694 →
District Court of Appeal of Florida·Decided August 12, 1992·No. No. 91-2126·Published

Opinion

PER CURIAM.

In this appeal the state concedes, and we agree, that the trial court erred in sentencing defendant as a habitual felony offender for a misdemeanor battery conviction. See section 775.084(l)(a)(2), Fla.Stat. (1991). We reverse the sentence and remand, therefore, with instructions to correct this obvious oversight. We affirm on all other issues.

DOWNEY, STONE and FARMER, JJ., concur.

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Martinez v. State, 602 So. 2d 700, 1992 Fla. App. LEXIS 9064, 1992 WL 191303 (Fla. Ct. App. 1992).

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