Byers v. State

WHATLEY, Judge.

Glenn Byers challenges the sentence he received for violating his probation. He argues, and the state concedes, that his sentence must be reversed because it exceeds the sentencing guidelines’ range.

Byers pleaded guilty to robbery, burglary, and grand theft. All three offenses occurred on May 26, 1988. He was sentenced to 15 years of prison for the burglary, 2 years of prison consecutive for the grand theft, and 10 years of probation for the robbery. The probation was to be served consecutively to the prison sentences.

On September 22, 1994, an affidavit of violation of…