State v. Baker

NORTHCUTT, Judge.

Pursuant to a deal reached with the circuit court, Malcolm Baker received a habitual offender sentence of sixty-four months in prison after pleading guilty to two counts of aggravated battery and one count of third-degree grand theft. The State appeals, arguing that the court erred in refusing to consider whether Baker qualified for sentencing as a prison releas-ee reoffender. We agree and reverse.

During an unrecorded bench conference, the circuit court apparently offered to sentence Baker to sixty-four months in prison as a habitual offender in exchange for a guilty plea.…