Johnson v. State

OWEN, WILLIAM C., Jr., Senior Judge.

Appellant, while on probation, committed a battery on his girlfriend, resulting in revocation of probation and sentencing to state prison on the underlying offense. We affirm the revocation but vacate the sentence and remand for further proceedings.

We find from the record clear evidence to support the court’s finding that appellant had wilfully violated a condition of his probation as charged. Appellant argues here, however, that the court erred in also finding that appellant had wilfully violated a condition of probation for which he was not charged. That…