Barletta v. State

Appellant was convicted and sentenced upon open guilty pleas in three separate cases. As to the first conviction, strong armed robbery in case number 95-17139, we affirm the judgment and sentence.

As to Appellant’s attack on the sentence in case number 95-17184, founded on Ashley v. State, 614 So.2d 486 (Fla.1993), we dismiss without prejudice to Appellant’s right to seek leave to withdraw his plea in the trial court, as it involves an involuntary plea rather than a sentencing error issue. The state acknowledged that as to this case, it did not file a written notice of intent to seek habitual…