MARTINEZ v. STATE

No. 92-1540.

625 So.2d 1306 (1993)

Jose Luis MARTINEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 2, 1993.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Julie M. Levitt, Sp. Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen. and Consuelo Maingot, Asst. Atty. Gen., for appellee.

Before JORGENSON, LEVY and GODERICH, JJ.


GODERICH, Judge.

The State concedes that the defendant's sentence as a habitual violent felony offender on the basis of a prior aggravated battery must be reversed. The amendment to the habitual violent felony offender statute adding aggravated battery as one of the felonies that would support habitualization was not in effect on the date that the defendant committed the offense for which he was being sentenced. See State v. Johnson, 616 So...

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