State of Tennessee v. Nelson Keith Foster

The Defendant, Nelson Keith Foster, pled guilty to and was convicted of violating a motor vehicle habitual offender order. The Defendant was subsequently sentenced to three years, to be served on probation. The Defendant appealed to this Court from the trial court's denial of his motion to withdraw his guilty plea. See State v. Nelson Keith Foster, No. E2001-01259-CCA-R3-CD, 2002 Tenn. Crim. App. LEXIS 172 (Knoxville, Mar. 7, 2002). Pending the Defendant's appeal, he twice violated the terms of his probation. Still pending the outcome of the Defendant's appeal, the trial court revoked the Defendant's probation. The Defendant now appeals the trial court's revocation of his probation. We reverse the trial court's order revoking the Defendant's probation and remand this matter for further proceedings.