FAYSON v. STATE

No. 95-2637.

678 So.2d 525 (1996)

Travis FAYSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 30, 1996.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Andrea J. Surette, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellee.


COBB, Judge.

The issue on this appeal is whether the trial court erred by imposing an agreed to thirty month sentence after violation of probation when the original sentence, prior to modification pursuant to section 958.04(2)(d), Florida Statutes (1991), was 18 months.

On October 19, 1994, the trial court accepted Fayson's guilty plea to violating community control and Fayson was adjudicated guilty of the underlying crimes of possession and sale of cocaine...

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