Wigfals v. State

NORTHCUTT, Judge.

After pleading no contest to criminal charges, James Wigfals was sentenced to twenty-seven months’ imprisonment as a habitual offender. Wigfals timely moved to withdraw his plea pursuant to Florida Rule of Criminal Procedure 3.850, contending that he had been improperly sentenced as a habitual offender. The postconviction court summarily denied his motion. We reverse and remand for further proceedings.

Wigfals’s motion maintained that his habitual offender sentence was improper under Ashley v. State, 614 So.2d 486 (Fla.1993), and its progeny because the State had not notified…