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601 So. 2d 1284

Mishoe v. State

District Court of Appeal of Florida

Decided July 2, 1992

District Court of Appeal of Florida · decided 1992-07-02

Cited by 2 later decisions — most recently December 1993

2 state decisions

Relies on Burdick v. State · 568 So. 2d 511 - Power v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1992-07-02

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PER CURIAM.

¶1Mishoe 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.

¶2Because 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 *1285respects, we affirm the convictions and sentences.

¶3AFFIRMED as modified.

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

¶4. § 794.011(2), Fla.Stat. (1989).

¶5. § 784.03, Fla.Stat. (1989).

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