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630 So. 2d 230

Lambert v. State

District Court of Appeal of Florida

Decided January 26, 1994

District Court of Appeal of Florida · decided 1994-01-26

Cited by 4 later decisions — most recently August 1995

4 state decisions

Relies on 610 So. 2d 435 - Lamont v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1994-01-26

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PER CURIAM.

¶1Eric Lambert was sentenced to two concurrent terms of life imprisonment for sexual battery and burglary. He appeals the imposition of a habitual offender sentence for the crime of sexual battery contrary to section 794.011, Florida Statutes (1991), a life felony. The supreme court clearly states in Lamont v. State, 610 So.2d 435 (Fla.1992), that the habitual offender statute is inapplicable to life felonies.

¶2Accordingly, we affirm the convictions, but remand for correction of the judgment and sentence for sexual battery to show that Lambert was not adjudicated and sentenced as a habitual offender.

PATTERSON, A.C.J., and ALTENBERND and LAZZARA, JJ., concur.
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