BURGESS v. STATE

No. 97-572.

705 So.2d 701 (1998)

Lee W. BURGESS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

February 6, 1998.


Attorney(s) appearing for the Case

William H. Hallman, III, Brooksville, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Roberta J. Tylke, Assistant Attorney General, Daytona Beach, for Appellee.


PETERSON, Judge.

Lee West Burgess appeals the denial of his motion to correct a sentencing error submitted pursuant to Florida Rule of Criminal Procedure 3.800(b). He contends that the trial court erred by using two scoresheets, rather than one, to resentence him based on violations of his community control for two pre-1994 offenses. We vacate the sentences and remand for resentencing.

Burgess was sentenced in 1992 for possession and cultivation of marijuana...

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