Ashley v. State

COBB, Judge.

Appellant, Thomas Ashley, was convicted of battery on an officer and sentenced as a habitual felony offender to six years incarceration. On appeal, Ashley claims that the state untimely served its written notice of intent to seek a habitual offender sentence, contending that a notice to enhance punishment must be filed prior to the entry of a plea to ensure that a defendant knowingly and intelligently entered such plea. In the instant case, Ashley pled nolo contendere to the battery charge, but was not given any guarantee regarding a possible sentence. Ashley did not receive…