Riddle v. State

Cory Riddle appeals the revocation of his community control. He contends that his violation, failing to be home when his weekly log required him to be, was neither willful nor deliberate. He also contends that the trial court departed from its role of impartiality during his revocation hearing, depriving him of due process. We agree and reverse.

On October 23, 1997, appellant pled no contest to two counts of aggravated battery. The trial court withheld adjudication and sentenced him to two years community control followed by ten years probation. On March 3, 1999, appellant’s community control…