Banks v. State

JOANOS, Chief Judge.

Gary Banks has appealed the imposition of habitual offender sentencing following his plea of nolo contendere to three counts of burglary of a structure and one count of possession of burglary tools. We reverse and remand for resentencing under the guidelines.

*283Banks entered his plea in return for a recommendation of guidelines sentencing. The state thereafter filed notice of its intent to seek habitual offender classification, and at sentencing offered as predicate convictions two August 27, 1987 convictions for aggravated assault and grand theft of a firearm. The state…