Legal Opinion

Dixon v. State

District Court of Appeal of Florida

Decided August 16, 1995No. 94-00823PublishedCited by 1 opinion

1Opinion of the Court

THREADGILL, Chief Judge.

Dixon appeals his judgments and sentences for armed kidnapping, robbery with a deadly weapon, and violation of probation. We affirm the judgments for all offenses and the sentences for violation of probation and robbery with a deadly weapon, however, we remand the sentence for armed kidnapping.

*449Armed kidnapping is a life felony. § 775.087, § 787.01 Florida Statutes (1991). The habitual offender statute is inapplicable to life felonies. Nixon v. State, 595 So.2d 165 (Fla. 2d DCA 1992); McKinney v. State, 585 So.2d 318 (Fla. 2d DCA 1991). Therefore, it was error to…

2Cases cited2 opinions

  1. McKinney v. StateDistrict Court of Appeal of Florida · 1991
  2. Nixon v. StateDistrict Court of Appeal of Florida · 1992

3Cited by1 opinion

  1. Joe v. StateDistrict Court of Appeal of Florida · 1996

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