State v. Tate

OPINION

WILKINS, Presiding Judge:

¶ 1 Defendant Lethron D. Tate appeals the trial court’s revocation of his probation and reinstatement of his previously suspended sentence for violating the terms of his probation. The State concedes error. We reverse.

BACKGROUND

¶ 2 In March 1997, Tate pleaded guilty to one count of attempted robbery and was sentenced to zero to five years in prison. That sentence was later suspended, and Tate was placed on probation for three years.

¶ 3 In August 1998, Adult Probation and Parole filed an affidavit in support of an order to show cause alleging Tate had violated…