Cox v. State

DAUKSCH, Judge.

This is an appeal from a judgment and sentence, appellant having been sentenced as a habitual violent felony offender. On appeal, he correctly argues that the trial court erred in sentencing him as a habitual violent felony offender because his predicate convictions did not establish him to be a habitual violent felony offender.

We affirm appellant’s convictions. However, the two predicate felonies upon which appellant was sentenced as a habitual violent felony offender were convictions for delivery of cocaine and two counts of battery on a law enforcement officer. The State…