State v. Huston

OPINION

DAVIES, Judge.

Appellant Randall Orion Huston challenges his sentence under the “career-offender statute.” He argues that he does not have the five “prior felony convictions” required by that statute. We agree and reverse the departure.

FACTS

Appellant has a lengthy felony record for property crimes, including one 1996 conviction (theft), three 1999 convictions (motor-vehicle theft, forgery, and attempted theft), and two January 2000 convictions (motor-vehicle theft and third-degree burglary).

Later in January 2000, appellant pleaded guilty to an additional felony offense: theft. On this…