Jenigen v. State

STRINGER, Judge.

Brian Jenigen challenges his sentences imposed after the revocation of his community control. Jenigen alleges that the sentences amounted to upward departures from the sentencing guidelines without written reasons. Jenigen also alleges that the trial court erred in not giving him credit for time served while in a residential drug treatment program. We reverse and remand for resentencing.

In 1997, Jenigen pleaded guilty to possession of a controlled substance in case 97-1115 and was sentenced to two years’ probation. In 1998, an affidavit of violation of probation was filed…