Miller v. State
Miller v. State
Opinion
The appellant, Joseph Miller, was convicted of unlawful possession of a controlled substance, in violation of §
This court recently addressed the failure of an appellant to preserve his issues regarding a trial court's compliance with the provisions of A.R.Cr.P. 27. In Taylor v. State,
"The appellant, however, failed to present any of these issues to the trial court. We find no cases other than Ex parte Helton,
578 So.2d 1379 (Ala. 1990) [(requirement that trial court state reasons and evidence relied on not waivable by failure to object)], and Story v. State,572 So.2d 510 (Ala.Cr.App. 1990) [(right to revocation hearing not waived by failure to object)], which stand for the proposition that the trial court's compliance with Armstrong v. State,294 Ala. 100 ,312 So.2d 620 (1975) and Rules 27.5 and 27.6 is not waivable; therefore, the general rules regarding preservation should apply to rights granted to a probationer by Armstrong and Rule 27.5 and 27.6. 'It is for the trial court . . . to consider and correct, in the first instance, any error which may have been committed or any deficiency in the proceedings.' Willis v. State,500 So.2d 1324 (Ala.Cr.App. 1986). Even constitutional issues may be waived on appeal if not presented to the trial court. Crosslin v. State,540 So.2d 98 (Ala.Cr.App. 1988); Cagle v. State,504 So.2d 1225 (Ala.Cr.App. 1987); Andersen v. State,418 So.2d 967 (Ala.Cr.App. 1982); Moore v. State,415 So.2d 1210 (Ala.Cr.App.), cert. denied,459 U.S. 1041 [103 S.Ct. 459 ,74 L.Ed.2d 610 ] (1982). Therefore, we hold that because the appellant failed to present the foregoing issues to the trial court, they are procedurally barred. Stanley v. State,579 So.2d 19 ,20 (Ala.Cr.App. 1990) (failure to object to trial court's taking notice of probation contract in court file waived issue on appeal); Maul v. State,531 So.2d 35 ,36 (Ala.Cr.App. 1987) ('matters not objected to are not preserved for review'); Salter v. State,470 So.2d 1360 ,1362 (Ala.Cr.App. 1985) (failure to object to certified copy of conviction at probation revocation hearing waived issue on appeal); cf. Ex parte Brown,540 So.2d 740 (Ala. 1989) (trial court's failure to comply with A.R.Juv.P. 24 waived by failure to object)."
Thus, on the authority of Armstrong, this case is remanded to the Circuit Court of Montgomery County for the court to file a written statement of the reasons for and evidence relied upon in revoking the appellant's split sentence. A copy of the circuit court's statement shall be filed with this court within 30 days.
REMANDED WITH DIRECTIONS.
All Judges concur. *Page 436
Reference
- Full Case Name
- Joseph Miller v. State.
- Cited By
- 10 cases
- Status
- Published