Hernandez v. State

SILBERMAN, Judge.

Orlando Hernandez appeals from the revocation of his probation and resulting sentences for burglary of a structure and grand theft. Because the trial court found that Hernandez violated his probation based solely on his arrest for a new offense, we reverse the revocation order and resulting sentences and remand for further proceedings.

Hernandez was on thirty-six months’ probation for burglary of a dwelling and grand theft. Condition five of his probation required that he “live and remain at liberty without violating the law.” At his revocation hearing, Hernandez admitted to…