Brooks v. State

MILLER, Judge.

Fred L. Brooks appeals the denial of his post-conviction relief petition claiming his sentence was erroneous because two of the aggravating circumstances cited in support of enhanced and consecutive sentences were based on incorrect information. We reverse and remand with instructions.

FACTS

Brooks was convicted of possession of cocaine, a Class D felony, and possession of marijuana, a Class A misdemeanor. The trial court sentenced Brooks to four years for the felony and one year for the misdemeanor and ordered the sentences to be served consecutively, thereby sentencing Brooks to…