Nesbitt v. State

On Remand From The Florida Supreme Court

The supreme court recently quashed our March BO, 2005 opinion in this case and remanded the case for reconsideration in light of State v. Richardson, 915 So.2d 86 (Fla.2005). See State v. Nesbitt, 940 So.2d 1099 (Fla.2006). Michael M. Nesbitt sought rule 3.850 relief challenging his habitual offender sentence, arguing that the predicate offense was not sequential and that it concerned a probationary term. Nesbitt referenced a prior offense associated with L.T. 00-7832 for which a probationary term was imposed in August 2000, but also suggested that the…