Barba v. State

Neil J. Barba appeals both the order revoking his probation and his sentence of seven years in prison followed by eight years’ probation. We affirm the order of revocation. Because appellant’s sentence represents a departure of greater than a one-cell bump-up for a violation of probation, we must reverse and remand for re-sentencing within the guidelines.

*555Appellant had pleaded guilty to fondling and handling a child under the age of sixteen, and had received a sentence of four and one-half years in prison followed by ten and one-half years’ probation. The offense was committed on June 26,…