Carter v. State

ANTOON, Judge.

Randy Darrell Carter (defendant) petitions this court for a writ of habeas corpus contending that he is entitled to relief from his habitual offender sentence under Young v. State, 699 So.2d 624 (Fla.1997). We deny the petition.

In Young, the supreme court held that the decision to prosecute a defendant as an habitual felony offender is a prosecutorial function. In so ruling the supreme court rejected the argument that trial courts may sua sponte initiate the prosecution of a defendant as an habitual offender. Young v. State, 699 So.2d at 624. However, the court expressly…