Gonzalez v. State

Bobby Gonzalez (Gonzalez) appeals a 1996 order revoking his probation and giving him a straight incareerative sentence of 30 months. We affirm in part, and reverse in part.

Gonzalez argues for the first time to this court that his sentences are illegal in two respects: 1) as of February 1994, he had already served the five-year statutory maximum on probation or community control for his third degree felonies in case numbers 88-4717 and 89-5211, and therefore any probation or community control he served beyond that time was illegal; and 2) in case number 88-4717, his recent sentence of 30…