Freed v. State

HARRIS, Judge.

The issue on appeal is whether the trial court erred in sentencing the defendant to both incarceration and community control when the sentence fell within a range that had a recommended term of years but a permitted term of incarceration or community control.

In January, 1993, Appellant Theodore Freed was charged with knowingly uttering or issuing a worthless check in case number 92-0999. He pled nolo contendere in exchange for the prosecutor’s recommendation of a guidelines sentence. Freed’s scoresheet total placed him in the first cell with a recommended and permitted range of…