Banks v. State

We reverse the denial of appellant’s motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850, and the denial of rehearing from that order. Appellant first claims that his habitual offender sentence, imposed after revocation of probation, is illegal because it could not have been imposed originally. He claims he did not receive written notice of intent to habitualize when he entered his original plea. Ashley v. State, 614 So.2d 486 (Fla.1993). We recently have held that the appropriate way to raise an Ashley violation is by seeking to withdraw the plea in the…