RICHARD BLACKWELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant Richard Blackwell appeals his sentencing as an habitual felony offender.1 Blackwell signed a plea form that stated he “could” be sentenced as an habitual offender for the offense of sale or delivery of cocaine.2 Later, the trial judge filed a notice that Blackwell would be sentenced as an habitual offender. Blackwell moved to strike the notice. The motion was denied and Blackwell was sentenced as an habitual offender. We reverse and remand for resentencing. See Ashley v. State, 614 So. 2d 486 (Fla.1993); Thompson v. State, 638 So. 2d 116 (Fla. 5th DCA 1994). At resentencing, the trial judge may impose a guideline sentence or if he believes that a greater sentence is justified, he may so advise the defendant and permit him to either accept the greater sentence or withdraw his plea and proceed to trial. Thompson, 638 So. 2d at 117.
REVERSED and REMANDED for proceeding consistent with this opinion.
COBB, W. SHARP and THOMPSON, JJ., concur. . § 775.084(3)(b), Fla.Stat. (1991).
. § 893.13(l)(a)(l), Fla.Stat. (1991).
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State v. Blackwell, 661 So. 2d 282 (Fla. 1995)…SHAW, Justice. We have for review the following decisions based on conflict with Ashley v. State, 614 So. 2d 486 (Fla.1993): Blackwell v. State, 638 So. 2d 119 (Fla. 5th DCA 1994); Brown v. State, 638 So. 2d 120 (Fla. 5th DCA 1994); Holmes v. State, 639 So. 2d 151 (Fla. 5th DCA 1994); Jones v. State, 639 So. 2d 147 (Fla. 5th DCA 1994); and Thompson v. State, 638 So. 2d 116 (Fla. 5th DCA 1994). We have juri…
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Booth v. State, 654 So. 2d 571 (Fla. 5th DCA 1995)…94). Giving notice that the possibility exists that a defendant may be sentenced as an habitual offender is not sufficient. Santoro v. State, 644 So. 2d 585 (Fla. 5th DCA 1994); Jones v. State, 639 So. 2d 147 (Fla. 5th DCA 1994); Blackwell v. State, 638 So. 2d 119 (Fla. 5th DCA 1994); Thompson v. State, 638 So. 2d 116 (Fla. 5th DCA 1994). We may not be [*573] correct in this interpretation of Ashley but as a court we are committed to it. Accordingly, we vacate Booth’s sentence in this case and remand to the…
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Gibson v. State, 660 So. 2d 298 (Fla. 5th DCA 1995)…ction 812.13, Fla.Stat. (1993). . Section 784.045, Fla.Stat. (1993). . Holmes v. State, 639 So. 2d 151 (Fla. 5th DCA 1994); Jones v. State, 639 So. 2d 147 (Fla. 5th DCA 1994); Brown v. State, 638 So. 2d 120 (Fla. 5th DCA 1994); Blackwell v. State, 638 So. 2d 119 (Fla. 5th DCA 1994); Thompson v. State, 638 So. 2d 116 (Fla. 5th DCA 1994).…
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- Ashley v. State, 614 So. 2d 486 (Fla. 1993)
- Thompson v. State, 638 So. 2d 116 (Fla. 5th DCA 1994)