Vitanzo v. State

Appellant, Joshua Vitanzo (Vitanzo), appeals his sentence, arguing the trial court erred by imposing twenty-four, rather than eighteen, community sanction violation points against him upon resentencing in two cases for a violation of community control. We agree and reverse for resen-tencing.

Vitanzo was charged with grand theft auto and burglary of a dwelling in case no. 96-5129. Pursuant to a plea agreement, Vitanzo was sentenced to six months’ probation. An affidavit for violation of probation was filed in case no. 96-5129. Before disposition of the violation of probation, Vitanzo was…