Avila v. State

Defendant-appellant was charged by information with (1) breaking and entering and (2) petit larceny. Defendant first entered a plea of not guilty and thereafter pled guilty to both charges. Thereupon, the trial judge found defendant guilty of the charges and thereafter entered two orders withholding adjudication of guilt on each count; However, the judge then sentenced the defendant-appellant on each charge to 40 days in the county jail1 to be followed by five years probation. Approximately two years later, an affidavit of violation of probation was filed wherein appellant was charged with…