Albach v. State

FULMER, Judge.

Defendant challenges the sentence imposed upon him after revocation of probation. We reverse.

In 1991 Defendant pleaded guilty to a felony battery charge in Case #91-5758. He was sentenced to prison followed by probation. The trial court imposed habitual offender status for only the probation part of the sentence.

While on probation, Defendant committed several new offenses. He pleaded no contest to those charges in Case # 91-17692.

Defendant was sentenced to ten years imprisonment as a habitual offender in Case #91-17692 and to a concurrent ten year sentence for the probation…