Benitez v. State

Aristarco Benitez appeals the revocation of his community control and the sentence imposed. We affirm in part, reverse in part, and remand.

On April 1, 1996, appellant pled guilty to one count of armed burglary of a dwelling and four counts of aggravated assault. The trial court sentenced him to six months of community control followed by two-and-one-half years of probation. On November 14, 1996, his community control officer filed a six count violation of community control affidavit. In Count I, the officer alleged that appellant violated condition 1-4 because he received a citation for…