Opinion
No. 4D99-3960.
Opinion filed April 4, 2001.
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Joyce A. Julian, Judge; L.T. Case No. 98-9891 CF10A.
Carey Haughwout, Public Defender, and Maxine Williams, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and M. Rebecca Springer, Assistant Attorney General, Fort Lauderdale, for appellee.
ON MOTION FOR REHEARING
We grant rehearing, withdraw our prior opinion, and substitute the following opinion in its place.
Appellant's conviction for attempted sexual battery on a child and indecent assault is affirmed. We note, however, that the judgment and sentence reflect that appellant entered a plea of guilty to the charges when, in fact, appellant was found guilty after a jury trial. Therefore, we sua sponte remand to the trial court to enter a corrected judgment and sentence. Appellant need not be present for this purpose.
We reject appellant's claim that under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348 (2000), his habitual offender sentence is unconstitutional. Apprendi does not apply to enhanced sentences based on prior convictions. See Jones v. State, 26 Fla. L. Weekly D563 (Fla. 2d DCA Feb. 21, 2001).
Gunther, Stone and Shahood, JJ., Concur.