Jones v. State

The appellant, Keith B. Jones, challenges the ten year sentence he received after he pled guilty to possession of cocaine and was classified as an habitual offender. We agree that the trial court erred by sentencing appellant as an habitual offender. We, accordingly, affirm the conviction but reverse and remand for resentencing.

The appellant was charged with possession of cocaine with the intent to deliver. He pled guilty to a reduced charge of simple possession. The trial court found that appellant was an habitual offender and imposed a ten year sentence. The prior convictions relied upon by…