Lamar v. State

Jimmy Dale Lamar appeals his sentences imposed in two eases following revocation of probation in one case and a sentence following a jury verdict in the second case. We reverse but certify a question of great public importance.

In 1992 Lamar entered a nolo contendere plea to sexual battery, a second-degree felony. The trial judge placed Lamar on probation for ten years. Three weeks later an affidavit of violation of probation was filed alleging that Lamar had violated probation by committing another sexual battery. For this new crime, the state charged Lamar with sexual battery. Following a…