Cook v. State

Appellant, Brandt Cook, appeals his sentences in five separate cases and raises four points on appeal. We affirm his appeal of the trial court’s denial of his motion to withdraw his plea and vacate his sentences but reverse and remand for the withdrawal of his plea or for resentencing as set forth below.

In case number 4D00-2673, appellant pled guilty to burglary of a dwelling and was sentenced to twenty years as a habitual felony offender. The state filed a timely notice of the state’s intent to declare him a habitual felony offender but appellant was not notified of the fact that…