Whitehead v. State

W. SHARP, Judge.

Whitehead appeals from his sentence imposed after entering into a plea agreement with the state. The state concedes that the sentence he received of six months probation for reckless driving1 was illegal. Section 316.192(2)(a) provides:

Any person convicted of reckless driving shall be punished: (a) upon a first conviction, by imprisonment for a period of not more than 90 days or by fine of not less than $25.00 nor more than $500.00, or by both such fines and imprisonment.

The record does not show that Whitehead had previously been convicted of reckless driving. Thus the…