Weatherly v. State

SULLIVAN, Judge.

Shane A. Weatherly (Weatherly) appeals the denial of his Belated Motion to Correct Errors which was addressed to the court's determination, entered September 17, 1985, to revoke probation and order execution of a suspended sentence.

We reverse.

Weatherly pled guilty to criminal conversion, a class A misdemeanor, on January 17, 1985. On February 28, 1985, Weatherly received a one year sentence, all suspended except for ten days which was to be served through the Alternate Sentence Service Program. The court then placed Weatherly on supervised probation for one year on the…