Kaminsky v. State

Appellant moved for postcoriviction relief, claiming that his habitual violent offender sentence for two armed burglaries was illegal because the' offenses were not committed within five years of'a prior qualifying felony or within five years of being released from prison on a sentence imposed as a result of a prior enumerated felony. The trial court summarily denied relief. We reverse for an evidentiary hearing.

At a change of plea hearing at which appellant agreed to plead guilty in exchange for'a sentence of forty years, there was much confusion about whether he qualified for habitual…