Harris v. State

The appellant, Frederick L. Harris, for the second time, challenges the sentences which the trial court imposed for violation of probation. We once again reverse and remand for resentencing.

This court in Harris v. State, 574 So.2d 1211 (Fla. 2d DCA 1991), remanded the cause for resentencing. On remand, the trial judge accepted the state’s argument that based upon the rationale of Goene v. State, 577 So.2d 1306 (Fla.1991), he could impose the same sentence. However, there was no indication that the appellant took any affirmative action to mislead the trial court concerning his prior record.…