Martin v. State

ON MOTION FOR CLARIFICATION

ERVIN, Judge.

On consideration of the state’s motion for clarification, we withdraw our order of mandate issued March 23, 1992, and substitute the following opinion in lieu thereof.

On appeal to this court, appellant, James Lee Martin, raised the following two issues: (1) That the trial court had erroneously sentenced him as a habitual felony offender, because the two predicate offenses had been entered on the same date, and (2) that the trial court erred by sentencing him in excess of the plea agreement without affording him a chance to withdraw his plea. In Martin…