Pitts v. State

Defendant appeals the summary denial of his motion for post-conviction relief which alleges that he was not given notice of the state’s intent to seek habitual offender status at the time of his plea. The state filed a copy of its November 3, 1994 notice of intent to seek habitual offender sentence. That notice does not resolve the question of whether defendant, as opposed to his lawyer, knew of the state’s intent. This court has interpreted Ashley v. State, 614 So.2d 486 (Fla.1993), as requiring that before accepting a guilty or no contest plea, a trial court must make certain that the…