State v. Miles

¶ 1. Defendant appeals the trial court’s order revoking his probation and imposing the underlying sentence. On review, we conclude that the State failed to prove necessary elements of the charged violation of probation (VOP). Accordingly, we reverse.

¶ 2. In June 2006, pursuant to a plea agreement, defendant pled to charges of aggravated domestic assault, retail theft, and petit larceny Based on the plea bargain, he was convicted and sentenced to a term of three to nine years, all suspended with probation, except 135 days to serve. Probation included a condition “M” prohibiting defendant from…