Eversole v. State

W. SHARP, Judge.

Eversole appeals from his sentence after he pled no contest to one count of sexual *241battery and violation of probation on an unrelated charge. The state did not file notice it would seek imposition of an habitual offender sentence pursuant to section 775.084, Florida Statutes (1993). After the trial judge accepted Eversole’s plea, the judge served notice he would conduct a hearing to determine whether or not to classify Ever-sole as an habitual offender. The plea agreement only indicated that this “may” be set and a hearing conducted to determine if he should be sentenced as an…