Toles v. State

THREADGILL, Judge.

Appellant contends that the trial court erred by using an offense for which he had not been convicted as a basis for an upward departure. We agree and reverse.

Appellant was convicted of grand theft, petit theft, burglary of a conveyance, and three counts of battery on a law enforcement officer. He was placed on probation for three years. He subsequently was found to be in violation of that probation by possessing a shot gun and by being charged with resisting an officer with violence. Appellant pleaded guilty to violating the terms and conditions of his probation. The record…