History
  • No items yet
midpage
Hollingsworth v. State
711 So. 2d 1358
Fla. Dist. Ct. App.
1998
Check Treatment
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.

Case Details

Case Name: Hollingsworth v. State
Court Name: District Court of Appeal of Florida
Date Published: Jun 17, 1998
Citation: 711 So. 2d 1358
Docket Number: No. 96-01985
Court Abbreviation: Fla. Dist. Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.