Luke v. State

SHAHOOD, Judge.

Thomas Luke appeals his judgment and sentence entered by the trial court for violation of community control. We affirm the judgment and sentence, but remand for re-sentencing in accordance with this opinion.

Luke was originally charged by information with five counts of indecent assault and one count of attempted sexual battery on a person under age twelve. He pled guilty to the charges, and the trial court sentenced him to seven years in prison followed by ten years’ probation. On March 1, 1994, appellant was released from prison and commenced serving his probation period. In…