Parker v. State

Appellant, Andrew Marshall Parker, appeals the denial of his motion for post-conviction relief. We reverse.

Appellant pled nolo contendere to aggravated battery, robbery, burglary of a conveyance, grand theft, and criminal mischief. Appellant was sentenced to fifteen years incarceration under the habitual offender statute. See § 775.084(4), Fla.Stat. (1989).

Appellant contends that he was improperly sentenced as a habitual offender because the trial court failed to make the requisite findings pursuant to section 775.-084. The State agrees that the “trial court’s finding that the defendant…