Pate v. State

Appellant challenges the sentence imposed upon revocation of his probation. We reverse and remand for resentencing.

Initially, appellant was given a guidelines sentence of two years on community control for grand theft to be followed by concurrent five-year probationary terms for two additional offenses. When appellant violated conditions of community control, the trial court sentenced him to 30 months in prison for the grand theft. After serving his time in prison, appellant began the probationary portion of his sentence. Thereafter, appellant violated probation by committing a new offense.…