Scarborough v. State

HARRIS, C., Senior Judge,

dissenting.

Appellant was convicted of burglary of a conveyance and petit theft. He was sentenced to ten years as a habitual offender. In this 3.850 appeal, Appellant claims his attorney was ineffective in giving him incorrect advice when he was considering a plea offer. Appellant claims that he rejected the State’s offer of seven years only because his attorney told him that he could not be sentenced as a habitual offender in any event because the State had not served him with a written notice of intent to seek habitualization as required by section 775.084(3)(a)2,…