Cheatham v. State

ON MOTION FOR REHEARING GRANTED

We grant the defendant’s motion for rehearing, withdraw our prior opinion, and substitute the following opinion in its place.

Defendant appeals from an order of revocation of probation. For the reasons that follow, we reverse and remand.

The trial court erred when it revoked defendant’s probation for reasons not al*752leged- in the affidavit of violation of probation. Although one ground for revocation was proper, “the record is unclear as to whether the trial court would have revoked Defendant’s probation and given him the same sentence absent the violation” of the…