Kuzminski v. State

848 So.2d 1229 (2003)

Joseph Anthony KUZMINSKI, Appellant,

v.

STATE of Florida, Appellee.

No. 2D02-5460.

District Court of Appeal of Florida, Second District.

July 9, 2003.

FULMER, Judge.

Joseph Anthony Kuzminski challenges the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The State concedes, and we agree, that the trial court erred in sentencing Kuzminski as a habitual felony offender. We reverse.

On June 6, 2002, Kuzminski entered a plea of no contest in case 99-355C for offenses that occurred in April 1999. The trial court…