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TORO v. STATE

No. 95-02193.

691 So.2d 576 (1997)

Danny TORO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 11, 1997.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Karen Kinney, Assistant Public Defender, Clearwater, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and John M. Klawikofsky, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Danny Toro challenges his convictions and sentences for kidnapping and four counts of sexual battery. We affirm his convictions and his sentence on the kidnapping charge. We reverse the sentences imposed on the sexual battery charges and remand for resentencing because the trial court erroneously declared Toro a habitual offender on the four life felonies, the sexual battery offenses.

At sentencing the trial court declared Toro a habitual felony...

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