Rogers v. State

DAVIS, Judge.

John Henry Rogers challenges his sentence for possession of cocaine. He argues that the sentence imposed after retrial was improper because it was more severe than the original sentence imposed. We agree and reverse.

Rogers was charged by information with aggravated battery and possession of cocaine. He was found guilty of both charges at a jury trial, and the trial court sentenced him to concurrent terms of four and one-half years’ incarceration. Rogers appealed his conviction for possession of cocaine, and this court reversed that conviction and remanded for a new trial. See…