Johnson v. State

HALL, Judge.

Keith Andre Johnson appeals from his sentences for trafficking in heroin and possession of cocaine, contending that the trial court erred in revoking his probation, in finding that he was a habitual offender, and in departing from the guidelines on the basis that he was a habitual offender. We reverse.

We find no merit in the first point as the appellant was in fact not placed on probation for the charge for which he was sentenced. As to the second and third points, we agree with the appellant and reverse.

In order to support enhancement under the habitual offender statute, the…