Pelham v. State

RYDER, Acting Chief Judge.

Jack Pelham seeks review of the judgment and sentence entered on a jury verdict finding him guilty of kidnapping, robbery with a deadly weapon, grand theft auto, sexual battery with a deadly weapon and sexual battery. Appellant’s convictions are affirmed.

However, appellant was sentenced as a habitual offender for the conviction of sexual battery with a deadly weapon which is a life felony. § 794.011(3), Fla.Stat. (1989). Because life felonies are not subject to habitual offender enhancement, Burdick v. State, 594 So.2d 267 (Fla.1992); Leaty v. State, 590 So.2d 512…