Spencer v. State

After he violated community control, Earnest L. Spencer was sentenced as a habitual violent felony offender for the first time. Sentencing him as a habitual violent felony offender, after an earlier decision not to “habitualize” him, violated the rule laid down in King v. State, 681 So.2d 1136 (Fla.1996). We therefore reverse and remand for resentencing.

In keeping with a plea agreement, Mr. Spencer pleaded guilty to aggravated battery and to two misdemeanors, acknowledging in the written plea agreement that his record made him eligible for sentencing as a habitual violent felony offender. The…