BURKHALTER v. STATE

No. 90-85.

578 So.2d 345 (1991)

James Donald BURKHALTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied May 15, 1991.


Attorney(s) appearing for the Case

Barbara Linthicum, Public Defender, and David P. Gauldin, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and Cynthia Shaw, Asst. Atty. Gen., Tallahassee, for appellee.


ZEHMER, Judge.

James Burkhalter appeals his concurrent sentences of 5 years' incarceration upon the adjudication of his guilt of aggravated battery with a deadly weapon and aggravated assault pursuant to a finding he violated the conditions of his community control. Because the trial court erred in adding points for legal constraint to Burkhalter's original sentencing guidelines score, we vacate the sentence and remand for resentencing.

In June 1989, Burkhalter...

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