Scott v. State

Appellant Howard T. Scott appeals his sentencing as an habitual felony offender.1 Scott signed a plea form that stated he “could” be sentenced as an habitual offender. He was not told specifically that he would be sentenced as an habitual offender. After he had entered his plea, the trial judge filed a notice that he would sentence Scott as an habitual offender if that determination was made at his sentencing hearing. After the sentencing hearing, Scott was sentenced as an habitual offender. We reverse and remand for resentencing. See Ashley v. State, 614 So.2d 486 (Fla.1993); Thompson v.…