Hurst v. State

SHARP, Judge.

Hurst appeals from his sentences received for two counts of burglary and one count of grand theft. He argues that his burglary sentences are improper under the Guidelines, pursuant to the committee note to Florida Rule of Criminal Procedure 3.701(d)(12) in effect at the time the crimes were committed. We agree.

In this ease the trial court imposed the following concurrent1 sentences on the defendant:

1. Burglary2 — 3½ years incarceration, followed by a period of ten years probation.

2. Grand theft second degree — 3V2 years incarceration.

3. Burglary3 — 3V2 years incarceration…