McCray v. State

ON MOTION FOR REHEARING

We grant in part and deny in part the motion for rehearing, withdrawing our pri- or opinion and substituting the following in its place.

Appellant challenges his sentence, claiming that the trial court erred in imposing a habitual offender sentence as a result of a violation of probation. We disagree and affirm.

Appellant was charged with two offenses in two separate informations. The state filed a notice to sentence him as a habitual offender in one of the cases. Upon entering a plea of guilty as to both charges, appellant was sentenced to probation for thirty years as a…