Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

JOHN EARL HUBBARD, APPELLANT, v. STATE OF FLORIDA, APPELLEE.

PER CURIAM.

John Earl Hubbard appeals his convictions and the sentences imposed for the offenses of attempted sexual battery and burglary of a dwelling. We affirm the convictions. We reject the appellant's attacks on his convictions, including his challenge to the constitutionality of the habitual offender statute. See Arnold v. State, 566 So.2d 37 (Fla. 2d DCA 1990). We affirm the habitual offender sentence imposed on the burglary conviction.

The appellant correctly asserts that the forty year sentence on the attempted sexual battery, a second degree felony, exceeds the statutory maximum of thirty years. § 775.084(4)(b)2, Fla. Stat. (1988 Supp.).

Accordingly, we affirm both convictions and the sentence imposed for burglary. We reverse the sentence imposed for attempted sexual battery and remand for resentencing.

DANAHY, A.C.J., and FRANK and HALL, JJ., concur.

Use AI to get other relevant cases.

Comments

HUBBARD v. STATE
(Jul 26, 1991)