Collins v. State

Eugene Collins appeals the revocation of his probation and the imposition of a prison sentence. We reverse.

Appellant was originally sentenced to one year in the county jail on March 9, 1973. On August 24 of the same year the balance of his sentence was suspended, and he was placed on probation. During the probationary period a violation occurred and the probation was revoked.

Fla.R.Crim.P. 3.800(b) provides that the trial court “may reduce a legal sentence imposed by it at the same term of court at which it had been imposed, or if such term ends less than sixty days after the imposition of the…