Kitchens v. State

Ruffin, Judge.

James Aubrey Kitchens pled guilty to the offense of rape on September 25,1986 and was sentenced to twenty years, with ten to serve and the remainder on probation. On May 30, 1997, his probation officer filed a petition to revoke his probation because of, among other things, an alleged battery committed by Kitchens on or about April 18, 1997. The trial court revoked the remainder of Kitchens’ probation, finding that the alleged battery actually constituted attempted rape. We granted Kitchens’ application for discretionary review. Kitchens asserts that (1) he was deprived of his…