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Mishoe v. State

District Court of Appeal of Florida, Fifth District
Jul 2, 1992
601 So. 2d 1284 (Fla. Dist. Ct. App. 1992)

Opinion

No. 90-2497.

July 2, 1992.

Appeal from the Circuit Court, Putnam County, E.L. Eastmoore, J.

James B. Gibson, Public Defender, and Paolo G. Annino, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and James N. Charles, Asst. Atty. Gen., Daytona Beach, for appellee.


Mishoe was convicted by a jury of capital sexual battery and battery. 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 respects, we affirm the convictions and sentences.

AFFIRMED as modified.

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


Summaries of

Mishoe v. State

District Court of Appeal of Florida, Fifth District
Jul 2, 1992
601 So. 2d 1284 (Fla. Dist. Ct. App. 1992)
Case details for

Mishoe v. State

Case Details

Full title:FLOYD L. MISHOE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Jul 2, 1992

Citations

601 So. 2d 1284 (Fla. Dist. Ct. App. 1992)

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