State v. Disbrow

W. SHARP, Judge.

The State timely appeals a back end split sentence imposed on Disbrow after he violated probation and was placed on community control. It argues the sentencing scheme is illegal,1 and that it constitutes a downward departure without written reasons.2 We agree.

On June 16, 1988, Disbrow was placed on probation in two cases: case no. 87-5227-CFA, burglary of a structure (violation of section 810.02); and ease no. 87-5228-CFA, *1124burglary of a dwelling (violation of section 810.02). The probationary periods were for five years and fifteen years respectively. Thereafter Disbrow…