McRae v. State

BLACK, Judge.

Robert McRae appeals an order revoking his probation and his resulting sentence. McRae argues, and the State correctly concedes, that the trial court committed fundamental error by revoking his probation for conduct that was not alleged in the affidavit of violation of probation. Therefore, we reverse.

On October 7, 2010, McRae entered a guilty plea to various offenses in two separate cases, including drug possession offenses. As a part of his plea, the court sentenced him to four and one-half years of probation. On March 28, 2011, a violation of probation affidavit was filed. The…