Deese v. State

Bobby Deese challenges his revocation of probation arguing that the record does not support the finding that his violation of a condition of probation was willful. Because it is unclear from the trial court’s findings whether it understood the test to be employed, we are remanding to the trial court for clarification.

After pleading guilty to lewd and lascivious conduct, appellant was placed on sex offender probation. One of the conditions of that probation was that appellant was not to commit a new criminal offense. An affidavit charging that appellant violated probation was thereafter…