Martinez v. State

GODERICH, Judge.

The State concedes that the defendant’s sentence as a habitual violent felony offender on the basis of a prior aggravated battery must be reversed. The amendment to the habitual violent felony offender statute adding aggravated battery as one of the felonies that would support habitualization was not in effect on the date that the defendant committed the offense for which he was being sentenced. See State v. Johnson, 616 So.2d 1 (Fla.1993).

The defendant contends that upon re-sentencing he must be sentenced within the guidelines. We agree. At the original sentencing hearing,…