Ponder v. the State

DILLARD, Presiding Judge.

In this discretionary appeal, Elliott Ponder challenges the revocation of his probation, contending that the trial court erred in revoking his probation on a basis that was not alleged in the State’s revocation petition and in ordering him to serve the revoked part of his sentence in the State Penal System. For the reasons set forth infra, we agree that the trial court erred, and thus, we reverse its order revoking Ponder’s probation and remand the case for further proceedings.

The record shows that on July 8, 2015, Ponder pleaded guilty to the offense of directing…