Greene v. State
Greene v. State
Opinion of the Court
Lee Greene, Jr. [“defendant”] was convicted of the unlawful sale, purchase or delivery of a controlled substance in Cáse Number 92-1152. He was sentenced to three and one-half years in the Department of Corrections, to be followed by six and one-half years’ probation. After serving the inearcer-ative portion of his sentence, and embarking on his probation, he was charged with a number of additional substantive offenses. In particular, he was charged with dealing in stolen property and failure to appear (Case No. 94-1907) and four counts of the unlawful sale of cocaine (Case Nos. 95-619, 95-620, 95-622, and 95-623). He was also charged with violating his probation in Case Number 92-1152 by committing each of these new substantive offenses. After pleading nolo contendere to all of these offenses, defendant was sentenced to five and one-half years in prison for violating his probation in Case Number 92-1152, with credit for 239 days served. He was also sentenced to forty-nine months in prison on each of the charges involved in Case Number 94-1907, all sentences to run concurrently. With o respect to each of the remaining cases, defendant was sentenced to fifteen years’ probation, to run consecutive to the sentences imposed in Case Numbers 92-1152 and 94-1907.
We agree with defendant, and the state has conceded, that defendant’s sentences violate his plea agreement, which was approved by the court. Upon accepting defendant’s plea to these charges, the court stated:
I have indicated to your attorney that I will give you a Guidelines sentence of incarceration on one charge. The remaining charges, you’ll be placed on probation consecutive to the incarceration.
REVERSED and REMANDED for resen-tencing in accordance with this opinion.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.