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SANTORO v. STATE

No. 93-2404.

644 So.2d 585 (1994)

Joseph SANTORO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

October 28, 1994.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Susan A. Fagan, Asst. Public Defender Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Myra J. Fried, Asst. Atty. Gen., Daytona Beach, for appellee.

HARRIS, Chief Justice.

Once again we are faced with an alleged Ashley1 violation. In this case, the State concedes that Joseph Santoro did not receive the requisite written notice of intent to habitualize prior to his plea as required by Ashley. Nor did he receive the actual (oral) notice during the sentencing proceeding that we held adequate in Grasso v. State, 639 So.2d 152

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