Smith v. State

In this case, Vernia Smith appeals the trial court’s order revoking his probation. As reflected below, we affirm in part and reverse in part.

On April 80, 2012, Smith pled guilty to the offense of unlawful driving as a habitual traffic offender and was placed on probation. While on probation, Smith was investigated for sexual battery, although he was never charged with that offense. Instead, as a result of the investigation, he was charged with violating the following conditions of his probation: condition five (“failing to live and remain at liberty without violating the law”); condition…