JERRY BUNION, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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FRANK, Chief Judge.
Jerry Bunion has appealed from the habitual offender sentence imposed upon him following his conviction for sexual battery. The trial judge, before imposing habitual offender sanctions, made an assumption that Bunion had been released from incarceration or other commitment within five years of the offense for which he was being sentenced. See § 775.084(l)(b)(2) (1991), Fla.Stat. Although this assumption may indeed prove to be valid, the judge erred in sentencing the defendant as a habitual offender on an inadequate record. Frazier v. State, 595 So. 2d 131 (Fla. 2d DCA 1992); Davis v. State, 588 So. 2d 289 (Fla. 2d DCA 1991). On remand, the state may once again attempt to support habitual offender sentencing.
Reversed and remanded for resentencing.
PARKER and LAZZARA, JJ., concur.
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Reynolds v. State, 674 So. 2d 180 (Fla. 2d DCA 1996)…n September of 1986, five years prior to the commission of his new crim.es, the record does not disclose support for that assumption. Thus, the trial court erred in sentencing Reynolds as a habitual offender on an inadequate record. Bunion v. State, 636 So. 2d 873 (Fla. 2d DCA 1994). At sentencing Reynolds’ attorney objected that the state had presented no evidence of a prior offense having been committed within five years of the current offense. Hence, this case is distinguishable from those in which the re…
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Jones v. State, 680 So. 2d 585 (Fla. 4th DCA 1996)…o truthfully answer the questions posed. One of the factors going to the voluntariness of a plea is a defendant’s knowledge of the maximum potential penalty for the charge to which the plea is offered. Fla.R.Crim.P. 3.172(c)(1); see Barney v. State, 636 So. 2d 873 (Fla. 2d DCA 1994). Here, the judge correctly advised defendant as to the possibility of life imprisonment upon conviction as an habitual felony offender. Defendant indicated that he understood the nature of the potential sentence. If he had been to…
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Drymon v. State, 692 So. 2d 972 (Fla. 2d DCA 1997)…e required sequential convictions. § 775.084(5), Fla. Stat. (1993); Prince v. State, 684 So. 2d 850 (Fla. 2d DCA 1996). The appellant’s claim that he was induced to plead by the misadviee of trial counsel is facially sufficient. See Barney v. State, 636 So. 2d 873 (Fla. 2d DCA 1994). Accordingly, we reverse the trial court’s denial of appellant’s claim and remand for further proceedings on this issue. If the trial court again denies the appellant relief, it shall attach those portions of the record that concl…
Authorities Cited
- Frazier v. State, 595 So. 2d 131 (Fla. 2d DCA 1992)
- N.E.R. v. State, 588 So. 2d 289 (Fla. 2d DCA 1991)