Ponce v. State

Mark Anthony Ponce (Ponce) directly appeals his revocation of probation, and his sentence. We affirm his revocation of probation, but remand for resentencing.

Ponce pleaded no contest to two counts of aggravated battery; he committed these crimes on September 26, 1992, in Calhoun County, by stabbing two different victims. Ponce was sentenced to five concurrent years in prison on each count, followed by one year of probation. Ponce was released from prison on April 13, 1995; a violation-of-probation affidavit was filed alleging that Ponce failed to pay restitution and cost of supervision,…