McCarron v. State

WALLACE, Judge.

Thomas J. McCarron challenges the revocation of his probation and his sentence of thirty years in prison. Because the' trial court revoked Mr. McCarron’s probation based in part on conduct not alleged in the affidavit of violation of probation, we reverse the revocation of probation, the new judgment, and the resulting sentences.

I. THE UNDERLYING OFFENSES AND SENTENCES

In November 2005, Mr. McCarron entered- negotiated pleas of nolo contendere to- the following offenses: Count 1, attempted sexual battery by a person over eighteen years of age upon a child less than twelve years…