Nealy v. State

DAVIS, Chief Judge.

Dominic Nealy challenges the revocation of his community control and the sixty-month prison sentence for felony battery entered as a result of that revocation. As the State properly concedes, Mr. Nealy’s community control was completed before the revocation proceedings were initiated and it was error to revoke it. We therefore reverse the order of revocation and remand for the trial court to immediately vacate the order and resulting sentence and to dismiss the affidavit of violation of community control.

In 2008 Mr. Nealy pleaded no contest to felony battery and was…