Johnson v. State

We reverse the trial court’s order denying appellant’s rule 3.800(a) motion to correct illegal sentence and remand for resen-tencing.

In November, 2008, a jury found appellant guilty of domestic battery by strangulation, a third degree felony typically punishable by up to five years in prison. The court sentenced him as a habitual felony offender (HFO) to an enhanced sentence of ten years in prison. To qualify him as an HFO, the trial court relied on a September, 2003 conviction entered in Texas. The motion to correct illegal sentence at *519issue argued that the Texas conviction was not a…