Florida District Courts of Appeal, 1993

Fountain v. State

Fountain v. State
Florida District Courts of Appeal · Decided December 1, 1993 · Farmer, Pariente, Warner
626 So. 2d 1119; 1993 Fla. App. LEXIS 11931; 1993 WL 492553 (Southern Reporter, Second Series)

Fountain v. State

Opinion of the Court

PER CURIAM.

Appellant challenges an order denying her motion for post-conviction relief in which she claimed that her sentence was unlawful because she did not receive notice of the state’s intent to habitualize prior to her change of plea. We reverse and remand for the trial court to conduct a hearing as to whether the dual requirements of Ashley v. State, 614 So.2d 486 (Fla. 1993), were complied with pri- or to appellant’s change of plea. If they were not, then appellant’s habitual offender *1120sentence is illegal and appellant must be sentenced within the guidelines.

WARNER, FARMER and PARIENTE, JJ., concur.

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