Roberson v. State

LETTS, Judge.

This appeal stems from a hearing at which the defendant’s probation was revoked, the judge correctly stating that he was adjudging the defendant guilty of breaking and entering with intent to commit a misdemeanor as per the original charge to which he had pled nolo conten-dere. However, we assume, through error, the ensuing written Judgment and Sentence revoked his probation and adjudged him guilty of breaking and entering with intent to commit a felony. This was error.

It has been established that “one cannot plead guilty to one offense and be adjudged guilty and sentenced to…