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BURGESS v. STATE

No. 90-8.

569 So.2d 829 (1990)

William Adrian BURGESS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 1, 1990.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Michael S. Becker, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and David S. Morgan, Asst. Atty. Gen., Daytona Beach, for appellee.

SHARP, W., Judge.

Burgess appeals the sentences he received after being convicted of two counts of sale of cocaine in violation of sections 893.13(1)(a)(1) and 893.03(2)(a)(4) and the imposition of costs without notice. We quash the sentence and strike the order imposing costs.

Burgess' score of 85 points placed him in the second bracket of the sentencing guidelines: Community control or 12 to 30 months in prison...

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