Daughtry v. State

Norman Daughtry appeals his convictions and sentences for burglary, felony petit theft, and battery.* We affirm the convictions but remand for resentencing.

The first of two separate informa-tions alleged that Daughtry, “having twice previously been convicted of petit theft,” took merchandise of an unspecified value from a Montgomery Ward store in St. Pe-tersburg. A jury found Daughtry guilty as charged. At sentencing he objected to the use of two prior petit theft convictions, purportedly uncounseled, for reclassification of the offense to felony status. The state, citing this court’s…