Rice v. State
Rice v. State
Opinion
Appellant was convicted of child molestation and sentenced to three years' imprisonment. On November 17, 1978, this sentence was suspended and he was placed on probation for four years. Appellant was arrested on May 12, 1982, on a probation violator's warrant issued January 21, 1982.
A probation hearing was held on two separate occasions. Appellant presented witnesses in his behalf on July 13, 1982. The case was then continued until July 26, 1982, when the State presented its witnesses. At the conclusion of the State's case, the trial court found that the appellant had "violated the terms and conditions of his Probation by committing an act of Indecent Exposure in the presence of a young female child, the age of eleven, and also by failing to report to the Probation Office as required" and revoked appellant's probation. *Page 687
The Alabama Supreme Court has set forth "the requirements and guidelines which must be met for minimal due process to be accorded the probationer under Morrissey and Gagnon before his probation can be revoked." Armstrong v. State,
"7. We see no valid reason for having two hearings if the probationer has been given sufficient notice of the charges and the evidence to be relied on for revocation of probation. If the probationer has not had time to prepare to refute the charges and evidence against him, he can have a timely continuance."
It is very clear from the record that appellant was given sufficient notice of both the charges against him and the evidence to be relied on. No contention is made to the contrary. Further, every requirement under Armstrong was complied with. Therefore, we find no violation of appellant's due process rights.
"There is no definite criterion or measure of proof necessary to justify the revocation of one's probation." Wright v. State,
For the reasons stated above, the judgment of the Madison Circuit Court is hereby affirmed.
AFFIRMED.
All the Judges concur. *Page 922
Reference
- Full Case Name
- Ronald Tabor Rice v. State.
- Cited By
- 10 cases
- Status
- Published