Rooker v. State

WHATLEY, Judge. Patrick Rooker appeals his habitual felony offender sentence for his violation of probation conviction. Rooker was originally placed on probation after being convicted of burglary and possession of a controlled substance. He argues, and the State correctly concedes, that it was improper to sentence him as a habitual felony offender for the possession of a controlled substance conviction. See Miller v. State, 696 So.2d 913, 914 (Fla. 2d DCA 1997). Accordingly, we reverse Rooker’s sentence only on this charge. THREADGILL, A.C.J., and CASANUEVA, J., concur.