Brown v. State

W. SHARP, Judge.

Brown appeals from two consecutive 5 year sentences he received for two possession of cocaine offenses.1 He argues he received terms of imprisonment which exceed those allowed under the guidelines.2 We agree and quash the sentences.

Brown committed the first offense in March of 1988. He pled nolo contendere and received a 5 year probationary sentence. Only 12 days after being released on probation in 1989, Brown was arrested for the second possession of cocaine offense. He admitted violating his probation and he pled nolo to the second possession charge.

The trial judge…