Murguia v. State

Defendant appeals from a revocation of probation. For the reasons that follow, we affirm in part; reverse in part; and remand for further proceedings.

In 1995, defendant pled guilty to resisting arrest with violence and was placed on probation for eighteen months. The State filed a nolle prosse on a count of battery on a police officer. In September, 1996 an affidavit of probation violation was filed alleging 4 violations: failing to perform community service; failing to report to his probation officer; failing to pay costs of supervision and court costs; and testing positive for cocaine.…