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Burkes v. State, Case No. 2D08-599 (Fla. App. 6/12/2009) (Fla. App., 2009)

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DAVID BURKES, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 2D08-599. Case No. 2D08-602. Case No. 2D08-676 Consolidated. District Court of Appeal of Florida, Second District. Opinion filed June 12, 2009.Appeal from the Circuit Court for Pinellas County, Richard A. Luce, Judge. James Marion Moorman, Public Defender, and Megan Olson, Assistant Public Defender, Bartow, for Appellant. Bill McCollum, Attorney General, Tallahassee, and Diana K. Bock, Assistant Attorney General, Tampa, for Appellee. 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...continue to full post

Full post as published by Florida Criminal Law Opinions on June 12, 2009 (boomark / email).