Powell v. State

OPINION ON MOTION FOR REHEARING

Based upon the State’s motion for rehearing or clarification, we withdraw our previous opinion and substitute the following opinion. Leotis Powell appeals an or*870der summarily denying his motion for posteonviction relief, arguing that the trial court erred in habitualizing him upon revocation of probation because he had not been originally sentenced as a habitual offender. We find that appellant is entitled to relief based on existing case law.

According to the facts alleged in the motion for posteonviction relief, the state filed a notice to seek habitualization,…