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MARTIN v. STATE

No. 92-2225.

630 So.2d 1256 (1994)

Elbert Lee MARTIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

February 7, 1994.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Abel Gomez, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and James W. Rogers, Sr. Asst. Atty. Gen., Dept. of Legal Affairs, Tallahassee, for appellee.

PER CURIAM.

Appellant's habitual felony offender sentence under section 775.084, Florida Statutes, is affirmed. We must remand this case to the trial court, however, with instructions to delete the habitual offender designation of appellant's sentence for battery, a misdemeanor, in circuit court case 89-1054. Misdemeanor offenses are not subject to "habitualization." Appellant need not be present at resentencing.

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