Brown v. State

BUCHANAN, Chief Judge.

CASE SUMMARY

Petitioner-appellant Jerry W. Brown (Brown) appeals from the denial of his petition for post-conviction relief, 1 contending (avec raison) the court erred in refusing to overturn the revocation of his probation.

We reverse.

FACTS

The facts necessary for our decision are undisputed. On May 9, 1977, Brown pled guilty to the charge of possession of a controlled substance, and at a later sentencing hearing, the trial judge withheld judgment and placed Brown on probation for three years. It is the subsequent revocation of probation that Brown challenges in this…