Hale v. State

The appellant was serving probation on a grand theft committed in 1991 when he violated his probation by committing another grand theft on January 22, 1995. He pleaded to both the violation of probation and the grand theft, and the court imposed two concurrent four-year terms of imprisonment. He challenges only the four-year sentence imposed for the 1995 offense.

On the separate scoresheet prepared for the 1995 offense, the points totaled less than forty. Thus, according to the guidelines enacted for 1994, the court may not impose a state prison sentence. As the state concedes, error occurred…