Smith v. State

OPINION

MATTINGLY-MAY, Judge

Robert Smith appeals the denial of his amended petition for post-conviction relief, asserting that the post-conviction court erred when it determined consecutive habitual offender enhancements were properly imposed on Smith. 1

We reverse and remand.

FACTS AND PROCEDURAL HISTORY

In February of 1997, Smith was charged with possession of cocaine, 2 possession of marijuana, 3 and carrying a handgun without a license. 4 In May of 1997, the State moved to amend the information by adding a count alleging Smith was an habitual offender. In January of 1998, Smith entered a plea…