Person v. State

SCHWARTZ, Senior Judge.

Of the five separate violations found by the trial court in its order of July 22, 2010,1 resulting in the revocation of Person’s probation and ensuing maximum thirty-year sentence, we find that three are unsupportable:

1. Whde Person was charged with an aggravated battery in violation of condition K4 by failing to live and remain at liberty without violating any law, the trial court found that the offense had not been established even by a preponderance of the evidence, as required to support a probation violation. While the court found that there was probable cause for…