State v. Baca

OPINION

BIVINS, Judge.

This appeal presents the question of whether a conviction based on a nolo contendere plea can be used as the sole basis to revoke probation. We hold that it cannot and, therefore, reverse.

Following conviction in metropolitan court for driving while intoxicated, second offense, and possession of less than one ounce of marijuana, the court suspended the majority of defendant’s sentence and fine and placed him on probation. One condition of probation required that defendant “is not to be subsequently convicted for any alcohol related offense” during the period of probation.

Ap…