Burks v. State

PATTERSON, Judge.

The appellant challenges his judgment and sentences in circuit court case numbers 88-7837 and 90-18598. He argues that the trial court erred in sentencing him as a habitual offender. We agree and reverse.

In case number 88-7837, the appellant pled nolo contendere to burglary and grand theft and was sentenced to concurrent two-year terms of community control. The appellant violated his community control and was sentenced to a fifteen-year term of probation for the burglary and a concurrent five-year term of probation for the grand theft. He then violated his probation and the…