Ellis V. State

Appellant was charged by information with armed robbery (count I), aggravated fleeing or eluding (count II), battery on a law enforcement officer (count III), resisting arrest with violence (count IV), criminal mischief over $1,000 (count V) and misdemeanor culpable negligence (count VI). Following a jury trial, the trial court granted a judgment of acquittal on count VI. Appellant was found not guilty of count I. He was found guilty and convicted of counts II-V. The trial court orally pronounced that Appellant was sentenced on the aggravated fleeing offense (count II) to the minimum 10 years in prison as a habitual violent felony offender. The trial court sentenced Appellant on counts III, IV and V to five years drug offender probation, each count running concurrent to each other and consecutive to the 10 year sentence. Appellant challenges his conviction and sentence. We affirm Appellant's conviction, but remand for re-sentencing and write to address the sentencing issues.