Jerry D. Newton v. State Florida

We affirm in all respects, except we remand to the trial court with directions to correct Newton's habitual offender sentences
as to counts I-IV. Newton was convicted of four counts of kidnapping pursuant to section 787.01(1)(a), Florida Statutes, and these convictions
were enhanced to life felonies pursuant to section 775.087(1)(a), Florida Statutes, because Newton used a firearm during the
kidnappings. The habitual felony offender statute, section 775.084, Florida Statutes, does not apply to life felonies. See
Walker v. State, 580 So.2d 281 (Fla. 1991); Johnson v. State, 568 So.2d 519 (Fla. 1st DCA 1990). Therefore, we remand to the
trial court to correct Newton's sentences for counts I-IV to reflect that he was not sentenced as an habitual offender on
those counts.