Cephus v. State

WELLS, Judge.

James Fabiean Cephus appeals from a judgment and sentence imposed for violating the terms of his probation alleging: insufficiency of the evidence regarding violation of one of the conditions of probation; *47that the court below was not a neutral arbitrator of the issues; and that the sentencing scoresheet used by the lower court was erroneous. We find no error in the determination that Cephus violated his probation; but, based on the State’s proper confession of error regarding the sentence, we reverse and remand for resen-tencing.

On September 19, 2002, Cephus pled guilty to armed…