Johnson v. State

WOLF, Judge.

Andrew E. Johnson seeks reversal of his enhanced sentence as a habitual felony offender after pleading nolo conten-dere to one second degree felony and six third degree felonies, as well as admitting to violations of four separate probations. He argues two points on appeal: (1) That he did not qualify as a habitual felony offender because his four prior convictions occurred on the same date; (2) that the trial court erred in revoking defendant’s probation and in sentencing outside the guidelines without providing written reasons for the departure. We find merit in both…