Mishoe v. State
601 So. 2d 1284 | Fla. Dist. Ct. App. | 1992
Mishoe was convicted by a jury of capital sexual battery
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
AFFIRMED as modified.
. § 794.011(2), Fla.Stat. (1989).
. § 784.03, Fla.Stat. (1989).