State v. Franklin

OPINION

PETERSON, Judge.

In this sentencing appeal, appellant argues that he should not have been sentenced as a career offender because (1) one of his prior felony convictions is deemed to be a conviction for a misdemeanor and, therefore, he does not have “five or more prior felony convictions” and (2) his current offense was not committed as part of a pattern of criminal conduct. We reverse and remand.

FACTS

In February 2013, appellant Michael Franklin pleaded guilty to a charge of fourth-degree controlled-substance offense. At the plea hearing, the prosecutor indicated that he would ask the…