Burks v. State

Dwayne A. Burks appeals the denial of his motion for post-conviction relief made pursuant to Rule 3.850, Fla.R.Crim.P. on the grounds that (1) he received ineffective assistance of counsel at the time of his plea, (2) the trial court imposed illegal sentences and, (3) he faded to receive credit for time previously served. We affirm in part and reverse and remand in part.

On January 2, 1990, Burks was charged in case number 89^47780 with possession of cocaine, a third degree felony punishable by five years imprisonment. On March 7, 1990, he was charged in case number 90-6383 with the sale,…