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PELHAM v. STATE

No. 90-01281.

595 So.2d 581 (1992)

Jack PELHAM, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 25, 1992.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender and Timothy A. Hickey, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Brenda S. Taylor, Asst. Atty. Gen., Tampa, for appellee.

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...

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