Del Rio v. State

LEVY, Judge.

Mario Del Rio, the defendant below, entered a plea of guilty, at his first appearance hearing, to a charge of violation of probation and was sentenced to thirty days in jail with credit for thirty days time served. Thereafter, the defendant was *767brought before a different judge who sua sponte vacated the first appearance plea and sentence, accepted the defendant’s reaffirmation of the earlier entered plea to the violation, and imposed a sentence of sixty days in jail with sixty days credit for time served.1 We reverse.

The court did not have the authority to increase the previously…