V.M.S. v. State

We reverse an amended probation order because the trial judge’s enhancement of appellant’s sentence violated the Double Jeopardy Clause of the United States Constitution.

Appellant entered a plea of no contest to battery. The circuit court withheld adjudication and placed appellant on probation. At the hearing when the plea was taken, there was some discussion about other charges and how they might be used to obtain some type of treatment for appellant.

After the sentence was imposed, a second hearing was held, apparently at the request of appellant’s mother. At that time, appellant was in the…