Tate v. State

Appellant was sentenced to five years’ imprisonment for various violations of his probation. The original sentence was eighteen months’ imprisonment followed by one year of probation, or a category “3” probationary split sentence. See Poore v. State, 531 So.2d 161 (Fla.1988). Upon violation of probation, therefore, the sentencing judge was permitted “to impose any sentence he or she originally might have imposed, with *1128credit for time served and subject to the guidelines recommendation.” Poore, 531 So.2d at 164. Appellant’s sentence exceeds this limitation.

It was also incumbent upon the state…