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NEWBERRY v. STATE

No. 92-0711.

616 So.2d 1093 (1993)

Richard NEWBERRY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Motion for Rehearing or Certification Denied May 10, 1993.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Eric M. Cumfer, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and John Tiedemann, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We affirm appellant's convictions for sexual battery with force or injury, burglary with assault or battery and robbery. We reverse the trial court's imposition of the habitual offender statute on appellant's conviction of sexual battery with force or injury because the habitual offender statute does not apply to this life felony. See § 794.011(3), Fla. Stat. (1991); Lamont v. State, 610 So.2d 435...

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