White v. State

CAMPBELL, Judge.

In this Anders appeal, appellant’s public defender has raised possible sentencing and plea issues. We find no merit in the plea issue, but we vacate the sentence and remand for a new sentencing hearing so that appellant’s prior record may be properly placed into evidence for purposes of the habitual offender statute.

Appellant negotiated a plea of guilty to five counts of sale of cocaine. The plea specified that he would be found to be a habitual offender and would be sentenced to a maximum of eight years in prison. Although the habitual offender statute requires that a…