Conn v. State

GOSHORN, Judge.

Richard Alan Conn appeals from the judgment and sentence imposed following his guilty plea. He asserts that several sentencing errors, which we address seriatim, require reversal. We agree.

First, Conn argues, and the State has conceded on appeal, that the offense to which Conn pled guilty (Count V. in Case No. 94-28877) was aggravated battery with a weapon which is not subject to enhancement for the use of the weapon. See Lareau v. State, 573 So.2d 813 (Fla.1991).

Secondly, Conn asserts that the trial court erred in sentencing him as a habitual felony offender on his violations…