Nesmith v. State

PATTERSON, Judge.

The appellant challenges the sentence imposed upon him following the revocation of his probation. He argues that the trial court erred in sentencing him as a habitual offender.

The appellant is actually attacking the original order designating him as a habitual offender and placing him on community control. The appellant has waived the issue since he failed to object to his designation as a habitual offender until the trial court revoked his community control. Since the appellant’s original sentence of habitualized community control is legal under King v. State, 597 So.2d 309…