Berry v. State

484 So.2d 86 (1986)

Jerome BERRY, Appellant,

v.

STATE of Florida, Appellee.

No. 85-55.

District Court of Appeal of Florida, Second District.

March 5, 1986.

J. Marion Moorman, Public Defender, Bartow, and L.S. Alperstein, Asst. Public Defender, Tampa, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.

SCHEB, Acting Chief Judge.

Defendant Jerome Berry challenges the revocation of his probation and his sentence as an habitual offender. We affirm the revocation, but we vacate his sentence.

In 1982 defendant pled nolo contendere to aggravated…