Ferrill v. State

OPINION

BAKER, Chief Judge.

Appellant-defendant Fred Ferrill appeals the trial court's order modifying the conditions of his probation. Ferrill argues that the trial court did not have the authority to make a sua sponte modification. Finding that the trial court did not have such authority because Ferrill has not violated the terms of his probation, we reverse.

FACTS

Ferrill pleaded guilty to class C felony battery pursuant to a plea agreement that is not contained in the record on appeal. On August 5, 2004, the trial court sentenced Ferrill to eight years, with four years executed and four years…