Bush v. State

Pursuant to a negotiated plea, the appellant received time served for possession of cocaine and thirty-six months’ probation as a habitual felony offender for felon in possession of a firearm. He challenges only his sentence as a habitual felony offender for the offense of felon in possession of a firearm committed May 2,1995.

Unbeknownst to the trial court at sentencing, the appellant did not qualify as a habitual felony offender. Both the state and the appellant now agree that he committed the offenses for which he is being sentenced in this circuit court case more than five years from the…