DAVID BURKES, APPELLANT
v.
STATE OF FLORIDA, APPELLEE
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The court held that a guidelines sentence was improperly calculated by including points for offenses for which the defendant received habitual offender sentences.
The defendant appealed judgments and sentences after probation revocation, including habitual felony offender sentences and a guidelines sentence.…
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David Burkes appeals judgments and sentences imposed after the trial court revoked his probation. We affirm all of the judgments. We also affirm the habitual felony offender sentences imposed for four counts of sale of cocaine.
We reverse as to the guidelines sentence imposed on count two of case number CRC 06-26728 for cocaine possession; the scoresheet improperly included points for the offenses for which Mr. Burkes received habitual offender sentences.1 See Teal v. State, 777 So.2d 1105 (Fla. 2d DCA 2001). The State properly concedes error. “ ‘When a defendant is being sentenced as a habitual offender for some cases and under the guidelines for other cases at the same hearing, it is improper to score the crimes for which he receives habitual offender treatment as additional offenses in calculating the guidelines sentence.’ ” Olsen v. State, 791 So.2d 558, 560 (Fla. 2d DCA 2001) (quoting Eblin v. State, 677 So.2d 388, 389 (Fla. 2d DCA 1996)).
Affirmed in part, reversed in part, and remanded.
NORTHCUTT, C.J., and KHOUZAM, J., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Eblin v. State, 677 So. 2d 388 (Fla. 2d DCA 1996)
- Olsen v. State, 791 So. 2d 558 (Fla. 2d DCA 2001)
- Watts v. State, 973 So. 2d 1271 (Fla. 2d DCA 2008)
- Teal v. State, 777 So. 2d 1105 (Fla. 2d DCA 2001)