Barnes v. State

Jimmy Davan Barnes has appealed from sentences imposed after entry of pleas of nolo contendere to a new offense, and to a violation of probation. Based on the state’s confession of error, we reverse and remand for resentencing.

In November 1989, Barnes pled nolo con-tendere to the sale of marijuana in Case No. 89-1022; he received 5 years probation. An affidavit of violation of probation was filed in September 1990 alleging the purchase of cocaine; Barnes was charged with that purchase in Case No. 90-2260. In February 1991, he pled nolo contendere in both cases, and his probation in 89-1022…