HARRELLE v. STATE

No. 92-3694.

632 So.2d 280 (1994)

Wesley P. HARRELLE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 23, 1994.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Cherry Grant, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Dawn S. Wynn, Asst. Atty. Gen., West Palm Beach, for appellee.


GUNTHER, Judge.

Appellant contends that the trial court erred in sentencing him as an habitual felony offender where the State did not file its notice of intent to habitualize until after appellant's nolo contendere plea had been accepted. We agree and reverse.

To habitualize a defendant following a guilty or nolo contendere plea, a defendant must have been given prior written notice of intent to habitualize and must have been informed of the possibility and...

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