State v. Hale

The defendant is contesting the revocation of his probation. The State alleges that he breached the condition of his probation agreement that states, “You shall not be convicted of another offense.”

The facts are not in dispute. On September 20, 1977, the defendant was placed on probation under a suspended sentence after pleading guilty to daytime breaking and entering. His probation conditions included the one already quoted. On December 1, 1977, he pleaded guilty to criminal trespass for acts committed on September 12, 1977, before he was subject, to the probation agreement. On this plea he…