State v. Justice

HOBSON, Acting Chief Judge.

The state seeks reversal of the lower court’s order granting the defendant’s motion to dismiss. We reverse.

On May 18, 1981, the defendant, Harry Justice, was placed on three years probation for committing the offenses of burgla*1057ry of a structure and grand theft. On January 11, 1983, an information was filed against Justice alleging that he had committed burglary and grand theft. One week later an affidavit of probation violation was filed alleging that the defendant violated condition (5) of his probation by committing the same burglary offense charged in the…