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Hoosline v. State

The trial court erred in resentencing the defendant to a term longer than her initial sentence after revoking her probation.

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Kim Marie Hoosline entered a negotiated guilty plea to possession of cocaine1 under OCGA § 16-13-2 a,2 and she was sentenced to confinement for a period of five years to be served on probation. Following Hoosline’s failure to comply with the terms of her probation, the trial court revoked her probation and sentenced her to ten years, with five months to serve. Following our grant of Hoosline’s application for a discretionary appeal, she contends that the trial court erred by resentencing her to a term longer than her initial five-year sentence. For the reasons that follow, we vacate Hoosline’s sentence and remand the case.

When Hoosline entered her negotiated guilty plea in 2007, the prosecutor advised the trial court that Hoosline was pleading guilty to possession of cocaine and “was asking for a conditional discharge. . . , and she qualifies.” The trial court, in its colloquy with Hoosline regarding the constitutional rights she waived by pleading guilty, advised her that “upon her plea of guilty, she could be imprisoned for a maximum of 15 years and a fine of up to $100,000 could be imposed.” After reviewing the terms of her probation, the court advised Hoosline that “the rules of probation require strict compliance, . . . and we can revoke that conditional discharge in a heart beat if you break the rules.” The court then orally “sentenced” Hoosline under OCGA § 16-13-2 “to a period of five years.”

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