Cunningham v. State

We reverse, in part, a final order on Appellant’s motion for post-conviction relief. There is no record support for Appellant’s sentence as a habitual violent offender. It is undisputed that Appellant, sentenced pursuant to a plea, did not agree to be sentenced as a habitual violent offender. Therefore, the sentence imposing a minimum mandatory term is in error. On remand, the trial court need not conduct a resentencing, but need only strike the minimum mandatory portion of Appellant’s sentence and resentence Appellant as a habitual offender. There is support in the record for Appellant’s…