Jones v. State

ON MOTION FOR REHEARING

Upon consideration of the appellant’s motion for rehearing, we withdraw the opinion issued February 18, 2009, and issue the following opinion in its place.

In May 2005, the appellant entered a plea in three cases. In circuit court case number F02-24777, the agreed sentence was based on the assumption that a prior “robbery carjacking” conviction, case number F01-29279, was a sufficient predicate for qualification under the habitual violent felony offender (HVFO) statute, section 775.084(1)(b), Florida Statutes (2004). The appellant’s motion under Florida Rule of Criminal…