Taylor v. State
Taylor v. State
Opinion
The appellant, Stacey Lynn Taylor, appeals from the trial court's order revoking his probation. He was indicted for two counts of unlawful distribution of a controlled substance, in violation of §
The appellant argues that the trial court erred by failing to comply with various provisions of A.R.Cr.P. 27.5 and 27.6 and that it abused its discretion by revoking his probation. We first note that the appellant failed to object at any time during the *Page 1081 pendency of the proceedings. This fact, however, is not necessarily dispositive of all the issues he raises. Because we must remand this case, we pretermit any discussion of the appellant's argument that the trial court abused its discretion by revoking his probation.
"(1) Inform the [p]robationer of the alleged violation of probation and furnish the [p]robationer with a written copy thereof; [See Rule 27.5(a)(1)]
"(2) Inform the [p]robationer that any statement the [p]robationer makes prior to the [h]earing may be used against the [p]robationer; [See Rule 27.5(a)(2)]
"(3) Set a date for the [r]evocation [h]earing; [See Rule 27.5(a)(4)]
"(4) Inquire into the [p]robationer's financial status and determine whether he is indigent before incarcerating him for failure to pay court costs and the like; [See Rule 27.5(a); Snipes v. State,
521 So.2d 89 (Ala.Cr.App. 1986)]"(5) Before accepting an admission or denial, by a [p]robationer, that he has violated a condition of probation, that the [c]ourt failed to determine that the [p]robationer understood the nature of the alleged violation, that he voluntarily waived these rights, and that the admission was voluntary; [See Rule 27.6(c)]."
The appellant, however, failed to present any of these issues to the trial court. We find no cases other than Ex parteHelton,
"ORDER ON REVOCATION HEARING
"Defendant appeared in open Court for hearing on probation revocation with counsel Robert L. Bowers, Jr. present. The Court further finds that the Defendant had sufficient notice and understanding of the charges against him. Testimony was received from the Probation Officer and from the Defendant.
"Based upon the evidence presented and the testimony received, it is, therefore, ORDERED, ADJUDGED AND DECREED that the Defendant's probation is due to be and is hereby revoked. Said revocation is based upon the following acts which occurred subsequent to the Order of Probation:
"1. Defendant has failed to avoid injurious or vicious habits.
"2. Defendant has failed to pay Court ordered monies.
"Therefore, the Defendant is ORDERED to serve a term of two years in the penitentiary of the State of Alabama. Defendant is to receive credit for time served. Payment of court ordered monies herein shall be a condition of parole or any other early release."
It is clear from the revocation order that the trial court failed to include a statement of the evidence relied upon in revoking the appellant's probation; therefore, this case must be remanded for the trial court to issue an order stating the reasons and the evidence relied upon, in compliance withGagnon, Morrissey, and Armstrong. Osbourne v. State,
Thus, on the authority of Armstrong, this case is remanded to the Circuit Court of Chilton County for the court to file a written statement of the evidence relied upon in revoking the appellant's probation. A copy of the circuit court's statement shall be filed with this court within 90 days.
REMANDED WITH DIRECTIONS.
All Judges concur.
Reference
- Full Case Name
- Stacey Lynn Taylor v. State.
- Cited By
- 66 cases
- Status
- Published