Martin v. State

¶1Appellant’s habitual felony offender sentence under section 775.084, Florida Statutes, is affirmed. We must remand this ease to the trial court, however, with instructions to delete the habitual offender designation of *1257appellant’s sentence for battery, a misdemeanor, in circuit court case 89-1054. Misdemeanor offenses are not subject to “habitu-alization.” Appellant need not be present at resentencing.