Averett v. State

On Return to Remand

PATTERSON, Judge.

On January 22, 1993, 640 So.2d 1, we remanded this case to the trial court with instructions to hold a new sentencing hearing and to resentence Ronald Averett without enhancing his sentence based on prior convictions resulting from pleas of nolo conten-dere. We found on original submission that the trial court had erroneously used three prior Florida felony convictions that were based upon pleas of nolo contendere for enhancement purposes in sentencing Averett to life imprisonment as a habitual felony offender for theft of property in the first degree. As…