Sutton v. State

ZEHMER, Judge.

This appeal is from a final judgment of the trial court revoking appellant’s probation and sentencing him to five years incarceration as a deviation from the sentencing guidelines. We find it necessary to vacate the sentence and remand.

Appellant was charged on February 25, 1982, with robbery; and on June 11 he entered a plea of guilty to attempted robbery. On July 23 the court entered an order reciting that appellant had pled guilty to robbery and was being placed on five years probation.1 This probation order was issued prior to the effective date of the sentencing guidelines.

On…