Chasteen v. State
Chasteen v. State
Opinion
The appellant, Jerry Anthony Chasteen, appeals from the revocation from his probation. He pleaded guilty on July 28, 1992, to theft of property in the first degree and to attempted theft of property in the first degree. The appellant was sentenced as a habitual felony offender to 15 years in prison for each offense, those sentences to be served concurrently. His sentence was suspended and he was placed on probation for 3 years. On September 22, 1993, his probation was revoked. This appeal is from the revocation of appellant's probation.
The appellant contends that his due process rights were violated because the trial court failed to make written findings regarding the reasons it relied upon in revoking his probation. The state contends that this issue was not preserved for our consideration because no objection was made to the trial court. This very issue was recently addressed inGates v. State,
"In Ex parte Helton,
578 So.2d 1379 (Ala. 1990), the Alabama Supreme Court, reversing this court's judgment in Helton v. State,578 So.2d 1377 (Ala.Cr.App. 1989), implicitly held that issues concerning the necessity for due process at probation revocation hearings did not have to be preserved to merit appellate review. This court will therefore review issues concerning the due process requirements for the revocation of probation without requiring that an objection be made in the circuit court. Story v. State,572 So.2d 510 (Ala.Cr.App. 1990).
The United States Supreme Court in Morrissey v. Brewer,
These rights have not been abridged and must be ensured.Grimes v. State,
REMANDED WITH DIRECTIONS.
All the Judges concur.
Reference
- Full Case Name
- Jerry Anthony Chasteen v. State.
- Cited By
- 10 cases
- Status
- Published