Matyas v. State

We affirm the appellant’s conviction for murder in the second degree with a weapon, but we reverse his habitual felony offender sentence.

The appellant presents five issues on- this appeal, three of which relate to the sufficiency of the evidence against him and alleged trial errors. We find no merit in those issues. However, we do find merit in the other issues, which concern the appellant’s sentence.

First, the appellant argues that since his offense was enhanced to a life felony under section 775.087(l)(a), Florida Statutes (1991), the trial court could not sentence him as a habitual felony…