Hunt v. State

Respectfully, I must disagree with the majority opinion to the extent that it suggests that a trial judge may effectively modify a probationary sentence after a violation, and impose what effectively amounts to a downward departure ■ sentence without providing valid written reasons therefor.

On May 19, 1992, Robert Hunt pled guilty to six counts of lewd assault.1 In exchange for his plea, the State agreed to a five year probationary sentence with a special condition that Hunt successfully complete a Mentally Disordered Sexual Offender Treatment Program (“MDSO program”). On December 12, 1995,…