Martinez v. State

PER CURIAM.

In this appeal the state concedes, and we agree, that the trial court erred in sentencing defendant as a habitual felony offender for a misdemeanor battery conviction. See section 775.084(l)(a)(2), Fla.Stat. (1991). We reverse the sentence and remand, therefore, with instructions to correct this obvious oversight. We affirm on all other issues.

DOWNEY, STONE and FARMER, JJ., concur.