Legere v. State

MlKELL, Judge.

We granted Marcus Legere’s application for discretionary appeal to determine whether the trial court abused its discretion by revoking his probation for violating “work release,” a special condition imposed at sentencing. Because the state failed to prove that the conduct that formed the basis of the court’s revocation order was expressly forbidden by any terms of his work release program, we reverse the revocation order.

The record shows that on May 9, 2008, Legere entered a negotiated guilty plea to one count of felony child abandonment. It was agreed that Legere would plead…