State v. Browning

OPINION

KLEINSCHMIDT, Judge.

The defendant, Michael Sean Browning, originally pled guilty to attempted theft and was placed on probation. Later, a petition to revoke probation was filed, alleging that he had, among other things, committed an aggravated assault. The assault was charged as aggravated because it allegedly occurred in a private home. 1

The victim of the assault testified at the revocation hearing that, as the result of a traffic altercation, the defendant and another man followed the victim home and attacked him in his garage. The garage was attached to the house, and there was a…