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634 So. 2d 1120

Hinson v. State

District Court of Appeal of Florida · decided 1994-04-08

Cited by 1 later decisions — most recently March 1995

1 state decisions

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

Good law ✅— No negative treatment on recordhow we know

Decided 1994-04-08

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THREADGILL, Acting Chief Judge.

¶1Billy Chester Hinson was convicted of kidnapping in violation of section 787.01(l)(a)2, Florida Statutes (1991), a first degree felony punishable by life, and two counts of sexual battery in violation of section 794.011(3), Florida Statutes (1991), a life felony. • We affirm the convictions, but remand for correction of the sexual battery sentences.

¶2Hinson was sentenced as a habitual violent felony offender to life imprisonment on each count. Each sentence was enhanced with a fifteen year minimum mandatory term, pursuant to section 775.084(4)(b), Florida Statutes (1991). Sentences for life felonies are not subject to enhancement under the Habitual Felony Offender Act, section 775.084. Lamont v. State, 610 So.2d 435 (Fla.1992). Accordingly, the sexual battery sentences should not have been enhanced.

¶3We affirm the convictions, but remand for correction of the sentences on the two counts of sexual battery.

PATTERSON and FULMER, JJ., concur.
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