State v. Valera

In this case we are confronted with the issue of whether the trial court, which has terminated appellee’s probation unsuccessfully, is required to sentence appellee to at least the minimum sentence the court would have originally imposed before placing appellee on probation. We find the trial court erred when it terminated appel-lee’s probation and released him from custody instead of sentencing him to at least a three-year minimum mandatory sentence.

In June 2008, appellee was charged with conspiracy to traffic in cannabis in excess of twenty-five pounds. Pursuant to the plea agreement,…