Prater v. State

Randall Prater (defendant) timely appeals the final orders entered by the trial court adjudicating him guilty of violating his probation and sentencing him to a term of imprisonment. Determining that the evidence presented below was insufficient to prove any violation of probation, we reverse.

In 2006, the defendant pled nolo conten-dere to one count of aggravated battery with a deadly weapon and one count of aggravated assault with a deadly weapon. On the aggravated battery conviction, the defendant received a fifteen-year sentence of probation.

The State later filed an affidavit charging the…