Booth v. State

W. SHARP, Judge.

Booth appeals from a judgment and sentence for resisting an officer with violence.1 He pled guilty after entering into a plea agreement and entering into a dialogue with the trial judge. Subsequently, the court served notice on Booth that it intended to hold a hearing to sentence Booth as an habitual offender. Booth moved to withdraw his plea, which the trial judge denied. He adjudicated Booth guilty and sentenced him as an habitual felony offender. We vacate the sentence and remand for further proceedings.

The plea agreement in this case simply raised the possibility that…