Mr. Alcorn rejected a plea agreement for 12 years in prison for drug charges. He went to trial and was convicted. The court sentenced him to 30 years in prison as a habitual offender. He challenged his conviction, arguing his attorney had incorrectly told him he did not qualify as a habitual offender. The trial court denied his claim and the Fourth District Court of Appeal upheld the trial court. The 4th DCA also said its decision conflicted with rulings from other District Courts of Appeal.

Indian River County