Burkes v. State

LaROSE, Judge.

David Burkes appeals judgments and sentences imposed after the trial court revoked his probation. We affirm all of the judgments. We also affirm the habitual felony offender sentences imposed for four counts of sale of cocaine.

We reverse as to the guidelines sentence imposed on count two of case number CRC 06-26728 for cocaine possession; the scoresheet improperly included points for the offenses for which Mr. Burkes received habitual offender sentences. 1 See Teal v. State, 777 So.2d 1105 (Fla. 2d DCA 2001). The State properly concedes error. “ ‘When a defendant is being…