Bellinger v. State

Moses Bellinger challenges sentences imposed when his probation was revoked because he had committed new offenses. Bel-linger’s argument regarding the constitutionality of the habitual offender statute has been rejected numerous times. Seabrook v. State, 629 So.2d 129 (Fla.1993); London v. State, 623 So.2d 527 (Fla. 1st DCA), review denied, 630 So.2d 1100 (Fla.1993). However, because Bellinger was sentenced as an habitual offender on the new offenses, the trial judge erred by using a scoresheet which included the new offenses when sentencing him for the original offense upon revocation of…