Spear v. State

ALLEN, Judge.

The appellant challenges an order increasing the probationary period of his split sentence. This order was entered over the appellant’s objection at a new sentencing hearing several days after the original sentence was imposed. The court had apparently mis*202conceived the legal effect of the sentencing guidelines when imposing the original sentence, and resentenced the appellant after becoming aware of this misconception. We agree with the appellant that such resentenc-ing is precluded by the constitutional protections against double jeopardy.

The appellant had begun serving the…