BURKS v. STATE

No. 92-00368.

618 So.2d 380 (1993)

Marc Geoffrey BURKS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 28, 1993.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Jennifer Y. Fogle, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Susan D. Dunlevy, Asst. Atty. Gen., Tampa, for appellee.


PATTERSON, Judge.

The appellant challenges his judgment and sentences in circuit court case numbers 88-7837 and 90-18598. He argues that the trial court erred in sentencing him as a habitual offender. We agree and reverse.

In case number 88-7837, the appellant pled nolo contendere to burglary and grand theft and was sentenced to concurrent two-year terms of community control. The appellant violated his community...

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