Boffo v. State

James Edward Boffo (the defendant) appeals the trial court's order revoking his community control. Determining that the trial court abused its discretion in denying the defendant's motion to continue, we reverse and remand for a new evidentiary hearing.1

The defendant pled no contest to three crimes, including domestic battery by strangulation. The trial court sentenced him to five years in prison, suspended upon the successful completion of two years of community control. Approximately three months after sentencing, a community control officer filed an affidavit alleging that the defendant…