Tucker v. State

Appellant challenges the order revoking his probation and the judgment and sentence entered on the offense for which he was placed on probation, battery on a law enforcement officer. Upon revocation of probation, appellant received a five-year prison sentence, the statutory maximum for a third-degree felony. The recommended range of the next higher cell was three and one-half to four and one-half years, and the permitted range was two and one-half years to five and one-half years. Because the battery was committed on December 7, 1987, before the effective date of the amendment to the…