Wells v. State

SHAHOOD, Judge.

Appellant raises three issues on appeal. We affirm the trial court on the first two issues without comment. Appellant alleges as his third issue error by the trial court in sentencing him to a term in excess of that permitted by the sentencing guidelines. The state concedes error. We agree, and remand for resentencing.

Appellant’s sentencing guidelines score-sheet (case number 92-1443) reflected a recommended sentence of “ANSPS” (any nonstate prison sanction), and a permitted sentence of “up to 22 months incarceration.” Appellant had on two separate occasions violated probation…