Alvarez v. State

DANAHY, Acting Chief Judge.

Defendant challenges his sentences for second-degree robbery and felony littering. He raises three points on appeal. We agree with all three of his points and accordingly reverse and remand for resentencing.

Defendant pleaded guilty to second-degree robbery in 1989.1 He was sentenced to two and one-half years’ prison to be followed by five years’ probation.

Defendant apparently served the two and one-half years’ prison and was released. Then, while serving the probationary portion of his sentence, he committed third-degree felony littering, a violation of his…