Oglesby v. State

GOSHORN, Judge.

Melvin Oglesby appeals from the judgment of the trial court sentencing him as a habitual offender. On appeal, he contends that it was error for the trial court, rather than the State, to provide him with the notice of intent to habitualize. He further argues that his sentence must be reversed because the notice was not provided prior to the entry of his plea. We affirm.

As to Oglesby’s first contention, this court has previously held that it is proper for the trial judge to file the notice for habitual offender sentencing. Toliver v. State, 605 So.2d 477 (Fla. 5th DCA 1992),…