Willems v. State

Werner A. Willems [“Willems”] appeals an order revoking his probation and the sentence imposed upon revocation of his probation. We find no error in the revocation order but agree that he was erroneously sentenced.

Willems was charged by information with resisting an officer with violence, battery upon a law enforcement officer, and petit theft. Willems pled guilty to the lesser included offense of resisting arrest without violence, a first-degree misdemeanor, and petty theft, a second-degree misdemeanor.1 At sentencing on October 9, 1998, he was given twelve months of probation on the charge…