Carridine v. State

Appellant was sentenced as a habitual violent felony offender after pleading guilty to armed burglary and aggravated battery. Because Appellant had no notice that the state would seek to have him declared a habitual offender, we reverse the sentence and remand for resentencing without habitual offender status.

Appellant entered an open plea on the date set for trial; the trial court accepted the plea after verifying that Appellant understood the sentencing guidelines range. Thereafter, but prior to the sentencing hearing, the state filed a notice of its intention to seek enhanced penalty…