Mitchell v. State

This is a timely appeal from a conviction and sentence after a jury trial in which appellant was found guilty of the lesser-included offense of trespass on count I and guilty of possession of a burglary tool in count II. Count I had originally been charged as attempted burglary of a dwelling. Prior to appellant’s trial, the state filed notice of intent to seek enhanced penalties under the habitual offender statute should defendant be found guilty.

Sections 775.084(l)(a), (3), and (4), Florida Statutes (1987), contain the pertinent provisions of the habitual offender statute. Sections…