Toro v. State

Danny Toro challenges his convictions and sentences for kidnapping and four counts of sexual battery. We affirm his convictions and his sentence on the kidnapping charge. We reverse the sentences imposed on the sexual battery charges and remand for re-sentencing because the trial court erroneously declared Toro a habitual offender on the four life felonies, the sexual battery offenses.

At sentencing the trial court declared Toro a habitual felony offender on each of the crimes for which he was convicted. He argues this was error because the kidnapping and sexual battery offenses are life…