Hawthorne v. State

FULMER, Chief Judge.

Ben Hawthorne appeals from an order revoking his probation. We affirm the revocation of Hawthorne’s probation, remand for the trial court to enter corrected revocation and cost orders, and certify a question to the supreme court.

Hawthorne was on probation for acts that occurred in 1992 and were charged in two separate cases. In August 2004, while still on probation, he was charged with possessing cocaine. The charge was tried by a jury and, along with an alleged failure to pay costs, served as the basis of an affidavit of violation of probation. The parties stipulated that…