¶1In this appeal the state concedes, and we agree, that the trial court erred in sentencing defendant as a habitual felony offender for a misdemeanor battery conviction. See section 775.084(l)(a)(2), Fla.Stat. (1991). We reverse the sentence and remand, therefore, with instructions to correct this obvious oversight. We affirm on all other issues.
602 So. 2d 700
Martinez v. State
District Court of Appeal of Florida
Decided August 12, 1992
District Court of Appeal of Florida · decided 1992-08-12
Decided 1992-08-12