Geter v. State

JOANOS, Chief Judge.

Appellant Johnnie Geter appeals his classification and sentencing as an habitual felon, after his plea of no contest to burglary of a structure. Appellant contends that the trial court erred in upholding the constitutionality of the habitual offender statute, in the face of specific evidence that the statute is being arbitrarily applied. We disagree, and affirm.

Prior to entry of the plea in this case, the state filed a motion to have appellant declared an habitual felony offender. Appellant then filed a motion seeking to have the state prohibited from prosecuting him as an…