Barnes v. State

ERVIN, Judge.

We affirm the convictions of appellant, Carey Barnes, but remand for correction of the judgment to reflect that he was convicted in Count II of battery on a law enforcement officer, a third-degree felony, rather than aggravated battery on a law enforcement officer, a first-degree felony.

We also affirm Barnes’ sentence as a habitual offender under section 775.084(l)(a)(2), Florida Statutes (1989).1 Although it is undisputed that Barnes committed the instant offense within five years of two previous offenses, Barnes claims the statute precludes his habitualization, because he had…