Burgess v. State

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 resentenee 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. In 1993, he violated probation by being found guilty of aggravated assault with a motor vehicle and was again placed on probation for…