Opinion
No. 92-2225.
February 7, 1994.
An Appeal from the Circuit Court for Okaloosa County; Jere Tolton, Judge.
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.
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.
BOOTH, LAWRENCE and DAVIS, JJ., concur.