Harrelson v. State

James Victor Harrelson has appealed the sentence imposed after he pled nolo conten-dere to violation of probation. We affirm in part, reverse in part, and remand with directions.

In April 1990, Harrelson pled nolo con-tendere to attempted armed robbery. He received 3 years of incarceration followed by 12 years of probation, with 141 days of jail time credit. He completed the incarcer-ative portion of the sentence and, in March 1992, an affidavit of violation of probation (VOP) was filed. In September 1992, the trial court revoked probation, and sentenced Harrelson to 9 years of incarceration.…