McHarris v. State

On Return to Remand

On October 20, 1995, this court remanded this cause with instructions that the trial court determine whether Ronald Calvin McHarris's sentence had been improperly enhanced by a conviction pursuant to a plea of nolo contendere, and if it finds that such a conviction has been used for enhancement purposes, to resentence McHarris without using that conviction for enhancement purposes.

The trial court has replied to this court that one of the convictions used to enhance McHarris's sentence was a plea of nolo contendere. However, the trial court did not resentence McHarris.…