Wells v. State

Appellant asserts two errors by the trial court in revoking his probation and sentencing him to 15 years in prison: the court entered a written judgment that does not conform to the court’s oral pronouncement; and the court fundamentally erred by finding him in violation of probation based on conduct not alléged in the probation officer’s affidavit. We agree and reverse.

In October 2005, Appellant pled guilty to, and was convicted of, lewd battery involving a person 12 or older but younger than 16. The trial court sentenced Appellant, 20 years old at the time of the offense, to 42 months in…