Davis v. State
Davis v. State
Opinion
The appellant, Irish Lee Davis, appeals from an order of the trial court revoking his probation. The appellant argues, and the State concedes, that the trial court failed to make adequate written findings stating the evidence relied upon in revoking the appellant's probation. Rule 27.6(f), Ala.R.Crim.P.; Armstrong v. State,
"Defendant appears in open court with counsel, Cordelia Bodie. This Court is reasonably satisfied from the evidence and admission of the Defendant that the defendant has violated the terms of his probation by being convicted of three different offenses. Based on the foregoing, this Court finds that the Defendant's sentence of September 16, 1994 should be amended so that the Defendant will serve fifteen *Page 226 (15) years in the state penitentiary with credit for time served under a previous sentence and day for day for time served on the work release program. Taxed as costs is $40 for representation by his attorney. This order is entered because no measure short of confinement will adequately protect the community from further criminal activity by the probationer and no measure short of confinement will avoid depreciating the seriousness of the violation. Defendant was advised of his right to appeal."
C.R. 1. "The fact that the appellant admitted the violation does not relieve a court from complying with the constitutional requirements mandated by Morrissey and Gagnon." Perry v. State,
Hairgrove,"This cause coming on for probation revocation hearing, the Defendant being present and represented by appointed counsel, Donald Doerr, and the Court having taken and considered sworn testimony, the Court finds based upon the testimony presented that the Defendant has violated the terms and conditions of his probation by committing new offenses constituting Burglary 1st, Theft of Property 1st, Robbery 1st, and Certain Persons Forbidden to [Possess] a Pistol Based upon the seriousness of the new offenses and the Defendant's extensive criminal history, no intermediate [sic] would be appropriate and would tend to denigrate the seriousness of both. It is therefore ordered that the Defendant's probation is revoked."
"In Wyatt v. State,
The second issue raised by the appellant was not preserved for appellate review. The appellant contends that the trial court did not comply with Rule 27.6(c)(1),(2), and (3), Ala.R.Crim.P. This rule specifies what the trial court must advise a petitioner before accepting an admission that probation has been violated. The appellant acknowledges in his brief that, "the chief problem with [the appellant's] argument on this issue concerns whether these issues were waived." Appellant's brief at page 8. We have consistently held that "claims — even those raising constitutional issues — are waivable." Puckett v. State,
Therefore, this case is remanded with directions to the trial court to enter an order stating the evidence it relied upon in the revoking of the appellant's probation. The trial court shall take necessary action to see that the circuit clerk makes due return to this court at the earliest possible time and within 70 days of the release of this opinion.
REMANDED WITH INSTRUCTIONS.*
All the Judges concur.
Reference
- Full Case Name
- Irish Lee Davis v. State.
- Cited By
- 4 cases
- Status
- Published