Fayson v. State

COBB, Judge.

The issue on this appeal is whether the trial court erred by imposing an agreed to thirty month sentence after violation of probation when the original sentence, prior to modification pursuant to section 958.04(2)(d), Florida Statutes (1991), was 18 months.

On October 19,1994, the trial court accepted Fayson’s guilty plea to violating community control and Fayson was adjudicated guilty of the underlying crimes of possession and sale of cocaine and was sentenced to 18 months incarceration. On April 12, 1995, pursuant to section 958.04(2)(d), Florida Statutes, and the recommendation…