Bigbee v. State

The appellant, Nathaniel Bigbee, appeals from the judgments and sentences entered against him. Appellant contends that the trial court erred in sentencing him under the sentencing guidelines, Florida Rules of Criminal Procedure 3.701. We agree.

On March 5, 1984, affidavits of violation of probation were filed alleging that appellant had violated four conditions of his probation. The appellant had been serving a five year term of probation for burglary, a violation of section 810.02, Florida Statutes (1981), and a concurrent term of three years probation for grand theft, a violation of section…