Lee v. State

BARFIELD, Judge.

Sylvester O’Neal Lee appeals his sentences for kidnapping with a firearm and robbery with a firearm (first degree felonies punishable by life) and sexual battery with a firearm (a life felony). He contends the judge erred in departing from the guidelines, and also in sentencing him as an habitual offender, arguing that first degree felonies punishable by life and life felonies are not subject to enhancement pursuant to section 775.084, Florida Statutes (1983). We affirm in part and reverse in part.

The charged crimes occurred in Panama City during the early morning hours of…