Moran v. State

ALTENBERND, Judge.

Juan Moran appeals his sentence imposed after a violation of community control. We reverse the sentence because the trial court imposed a period of incarceration longer than the suspended portion of this true split, habitual offender sentence.

In 1993, the state charged Mr. Moran with robbery. He agreed to plead nolo con-tendere in exchange for a true split sentence. The agreement called for a suspended five-year period of incarceration as a habitual offender, subject to one year of community control, followed by three years’ probation.1 This true split sentence was imposed…