Free v. State
Free v. State
Opinion
Wynn Everett Free brings this appeal from the judgment and order of the Circuit Court of Covington County finding him in violation of the conditions of his probation and revoking that probation. From the record it appears that in 1977 appellant was indicted in Covington County for the possession of marijuana in violation of the Alabama Uniform Controlled Substances Act, §
It appears that, on March 16, 1980, appellant was arrested near the town of Loxley in Baldwin County and charged with reckless driving, driving while under the influence of narcotics and violating the Uniform Controlled Substances Act by being in possession of a quantity of marijuana. Pursuant to this sequence of events, on March 18, 1980, the probation officer for Covington County filed a written charge of delinquency against appellant in the Circuit Court of that county, setting forth the events of March 16 and requesting that appellant's probation be revoked. That court issued a writ of arrest for appellant for probable probation violation on March 20, and appellant was served with written notice of the charge against him while in the Baldwin County jail on March 21. Appellant signed the notice, which stated that a hearing would be held May 9, 1980. At the hearing on that date, several witnesses were called for both the State and appellant, and appellant, represented by counsel, was afforded the opportunity of examination and cross-examination of witnesses, and testified in his own behalf. The court, after the hearing, concluded in its written order that, based on the evidence presented at the hearing, appellant had indeed violated the condition relating to the violation of Federal and State laws through his arrest for violating the Controlled Substances Act, and ordered that appellant's probation be revoked.
The State's evidence, adduced primarily through the evidence of Officer Michael L. Gerard of the Loxley Police Department, tended to show that appellant was stopped by that officer on March 16, after appellant had run the officer off of a highway near Loxley. When appellant was finally pulled over, he got out of the car, and the officer observed that he was unsteady on his feet, that his speech was slurred and his eyes bloodshot. At this point appellant was arrested for driving while intoxicated. At the Robertsdale police station, appellant consented to an intoximeter test, which proved negative, and appellant was thus charged with driving under the influence of narcotics. He was informed of his rights, said he understood them, and signed a written consent in the presence of several officers for Officer Gerard to return to appellant's car, which had been left where it had been stopped, and search it. A search of the car disclosed the presence of marijuana, contained in a plastic bag and in a soft drink cup, and concealed beneath the front seat, and a large amount of money, similarly concealed. The officer confirmed that two other individuals riding with appellant had been left asleep in the car under the watch of the Loxley police chief. A further search of appellant's person revealed a Sucrets can containing traces of marijuana.
The testimony for appellant rested on several theories, and appellant claimed that a bad spot in the highway had caused his car to swerve in front of Officer Gerard's that night. He denied any knowledge of the marijuana, but claimed that it belonged to a companion in the car with him.
Likewise, we find that the decision of the trial court in revoking appellant's probation was wholly justified by the record, and therefore no abuse of discretion in this regard occurred. Although it is fairly clear that a "mere arrest" or the filing of charges in themselves would be insufficient grounds for the revocation of probation, see Hill v. State, Ala.Cr.App.,
Our examination of the record reveals that there was ample evidence from which the trial court could have reasonably held that appellant had breached the terms of his probation by violating the Uniform Controlled Substances Act, and thus we hold that the trial court did not abuse its inherent discretion in revoking appellant's probation. The order of the trial court is therefore
AFFIRMED.
All the Judges concur.
Reference
- Full Case Name
- Wynn Everett Free, Alias v. State.
- Cited By
- 22 cases
- Status
- Published