Sohl v. State

PETERSON, Judge.

Pliny Henry Sohl appeals the summary denial of his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We vacate the denial and remand for further proceedings.

In 1993, Sohl was sentenced pursuant to a plea bargain to two years probation for crimes committed in 1992. The record does not indicate that any notice was given, or discussion held, prior to sentencing regarding the possibility that he could receive a sentence as an habitual felony offender.

When Sohl violated probation in 1995 by committing new offenses, the court revoked…