Gause v. State

Robert P. Gause appeals the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800. Because Mr. Gause is sentenced to probation concurrent with incarceration, we must reverse.

Mr. Gause was convicted of aggravated battery with a firearm (count I) and first-degree burglary (count II). The trial court, sentenced him to fifteen years’ probation on count I and six years’ incarceration on count II. The sentences are scheduled to be served concurrently. The motion challenging this sentence raised other issues that were correctly resolved by the trial court, but the…