Payne v. State

SULLIVAN, Judge.

Billy G. Payne pleaded guilty to two counts of battery. The trial court sentenced him to five years, suspended. Shortly afterward, the trial court revoked his probation for violations of the terms set forth at the time of sentencing. He now appeals the revocation of his probation.

We reverse.

On December 3, 1984, the Madison County prosecutor filed three battery charges against Payne. One of the victims was his wife, Linda. On January 21, 1986, the trial court accepted a plea agreement whereby Payne pleaded guilty to two of the charges for sentences of five and one years to be…