Jones v. State

DAUKSCH, Judge.

This is an appeal from a sentence. Appellant was given two years in the state prison and that sentence was suspended on the condition that he successfully complete three years of probation. He failed to successfully complete his probation and when he appeared in court for the violation he was given a new sentence of four and one-half years in prison. This was error. The original suspended sentence is not a legally recognized split sentence under Poore v. State, 531 So.2d 161 (Fla.1988). See Bell v. State, 651 So.2d 237 (Fla. 5th DCA 1995). But no appeal was taken from it so we…