Wilken v. State

GLICKSTEIN, Judge.

We first remand for housekeeping corrections; namely, to have the forms used by the trial court accurately reflect appellant did not plead nolo contendere, but was found guilty by a jury of Count III of the information; to strike any references to community control as to Count III; and to strike reference to assessment of costs, as they were not assessed.

Substantively, we remand for resentenc-ing because we agree with appellant’s counsel that his client does not meet the statutory requirements for habitual misde-meanant. Section 775.084(l)(b), Florida Statutes (1987),…