Coleman v. State
Coleman v. State
Opinion
The appellant, William Ben Coleman, Jr., appeals the trial court's revocation of his probation. On appeal, Coleman contends that the trial court did not properly revoke his probation. Specifically, Coleman asserts that the trial court did not make a valid written statement of the evidence it relied on and the reasons for revoking probation. The State concedes that Coleman's argument has merit.
In Armstrong v. State,
In the present case, the record indicates that the trial court entered the following written statement into the case action summary:
"The Defendant appeared before the Court for revocation hearing with attorney Al Smith. Based on new charges and sworn testimony of Officer Clint Reaves with Georgiana Police Department, Defendant's probation [is] revoked and sentence put into effect."
While the trial court's written statement indicates the evidence it relied on, it failed to adequately state the reasons for revoking Coleman's probation. See Hairgrove v. State,
The trial court's order revoking probation did not meet the requirements of Armstrong. Therefore, this case is remanded with directions to the trial court to *Page 312 enter an order stating the evidence relied upon and the reasons for revoking the appellant's probation. The trial court shall make due return to this Court within 30 days of the release of this opinion
REMANDED WITH INSTRUCTIONS.
Long, P.J., and McMillan, Baschab, and Fry, JJ., concur.
Reference
- Full Case Name
- William Ben Coleman, Jr. v. State.
- Cited By
- 4 cases
- Status
- Published