Davis v. State

FRANK, Judge.

Russell Davis appeals from his judgment and sentence for armed burglary and grand theft entered following his no contest plea. We reverse. The trial court failed to advise Davis of the consequences of a habitual offender sentence prior to accepting his plea. See Ashley v. State, 614 So.2d 486 (Fla.1993).

Accordingly, we reverse the judgment and sentence. On remand, Davis must be allowed to withdraw his plea and proceed to trial. See State v. Wilson, 658 So.2d 521 (Fla.1995); Collins v. State, 687 So.2d 919 (Fla. 2d DCA 1997). If Davis again elects to enter a plea agreement, the…