Newman v. State

DAVIS, Judge.

James Newman appeals the sentence imposed following this court’s mandate. We affirm the sentence but remand for correction of the guidelines scoresheet.

Newman was convicted of three counts of sexual battery involving multiple perpetrators. Although sexual battery is a second-degree felony, the trial court reclassified these offenses to first-degree felonies because they involved multiple perpetrators, § 794.023(2)(a), Fla. Stat. (1997), and sentenced Newman to three life sentences as a habitual violent felony offender.

In Newman v. State, 738 So.2d 981 (Fla. 2d DCA 1999), this…