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Mishoe v. State

601 So. 2d 1284, 1992 Fla. App. LEXIS 13752, 1992 WL 150866
CourtDistrict Court of Appeal of Florida
DecidedJuly 2, 1992
DocketNo. 90-2497
StatusPublished
Cited by2 cases

This text of 601 So. 2d 1284 (Mishoe 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
Mishoe v. State, 601 So. 2d 1284, 1992 Fla. App. LEXIS 13752, 1992 WL 150866 (Fla. Ct. App. 1992).

Opinion

PER CURIAM.

Mishoe was convicted by a jury of capital sexual battery1 and battery.2 For the sexual battery, he was sentenced as an habitual violent felony offender to life imprisonment with a minimum mandatory 25 year term. For the battery, Mishoe received a concurrent 1 year term of incarceration.

Because the habitual violent offender statute, section 775.084(4), Florida Statutes (1989) does not apply to capital or life felonies, we strike that designation from his sentence. See Burdick v. State, 594 So.2d 267 (Fla.1992); Power v. State, 568 So.2d 511, 512 (Fla. 5th DCA 1990). In all other [1285]*1285respects, we affirm the convictions and sentences.

AFFIRMED as modified.

GOSHORN, C.J., COBB and COWART, JJ., concur.

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Related

Rogers v. State
627 So. 2d 1352 (District Court of Appeal of Florida, 1993)
McLain v. State
612 So. 2d 664 (District Court of Appeal of Florida, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
601 So. 2d 1284, 1992 Fla. App. LEXIS 13752, 1992 WL 150866, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mishoe-v-state-fladistctapp-1992.