Mendez v. State

MORRIS, Judge.

Maximiuano Mendez appeals his sentence of five years in prison imposed after the revocation of his probation for the offense of felony battery. We reverse and remand for further proceedings.

Mendez originally pleaded no contest to the offense of felony battery in exchange for five years’ probation. An affidavit of probation was then filed charging Mendez with violating his probation by fading to report to the probation office upon his release from jail. At the beginning of the violation hearing, defense counsel stated:

And, Judge, just for the record, I did explain to my client…