Hearon v. State

W. SHARP, Judge.

Hearon appeals from his judgment and sentence for unlawful purchase of a controlled substance. He argues that the trial court erred in sentencing him to a combination of incarceration, community control and probation. We agree and reverse his sentence.

Hearon pled guilty to violation of probation, and was sentenced to 364 days imprisonment followed by 20 months community control, followed by 1 year probation. His recommended sentence was 2½ to 3½ years incarceration and his permitted sentence was community control or 1 to 4½ years imprisonment.

In State v. VanKooten, 522 So.2d…