Williams v. State
Williams v. State
Opinion
Debra Renee Williams appeals the trial court's order revoking her probation.
On April 14, 1997, Williams pleaded guilty to the unlawful possession of a controlled substance and was sentenced to 15 years' imprisonment. The sentence was suspended, and she was placed on probation (case no. CC-95-1146). On January *Page 1002 11, 1999, Williams pleaded guilty to theft of property in the second degree and was sentenced to 15 years' imprisonment. That sentence was also suspended, and Williams was placed on probation (case no. CC-97-1165).
On February 25, 2003, Edward Lane, Williams's probation officer, filed a delinquency report in each case alleging that Williams had violated the terms and conditions of her probation by failing to report to her probation officer and by failing to pay court-ordered moneys. On August 27, 2003, Lane filed a supplemental delinquency report in each case, alleging that Williams had violated the terms and conditions of her probation by committing the new offense of shoplifting and by testing positive for cocaine. After a revocation hearing on September 3, 2003, the trial court revoked Williams's probation in both cases.
In Evans v. State,
"Even constitutional issues must be properly preserved for appellate review. Brown v. State,
705 So.2d 871 ,875 (Ala.Crim.App. 1997)."`The general rules of preservation apply to probation revocation hearings. Puckett v. State,
680 So.2d 980 ,983 (Ala.Crim.App. 1996), citing Taylor v. State,600 So.2d 1080 ,1081 (Ala.Crim.App. 1992). This court "has recognized, in probation revocation proceedings, only two exceptions to the general rule that issues not presented to the trial court are waived on appeal: (1) the requirement that there be an adequate written order of revocation . . ., and (2) the requirement that a revocation hearing actually be held." Puckett, 680 So.2d at 983.'"Owens v. State,
728 So.2d 673 ,680 (Ala.Crim.App. 1998). Additionally, as noted earlier, this Court recently held in Law [v. State,778 So.2d 249 (Ala.Crim.App. 2000),] that a defendant can also raise for the first time on appeal that the trial court erred in failing to advise him of his right to request an attorney during probation revocation proceedings. 778 So.2d at 250."
Chenault v. State,"`In accordance with Gagnon v. Scarpelli,
411 U.S. 778 ,93 S.Ct. 1756 ,36 L.Ed.2d 656 (1973), Armstrong v. State,294 Ala. 100 ,312 So.2d 620 (1975), and Wyatt v. State,608 So.2d 762 (Ala. 1992), before probation can be revoked, an Alabama *Page 1003 trial court must provide a written order stating the evidence and the reasons relied upon to revoke probation.' Trice v. State,707 So.2d 294 ,295 (Ala.Crim.App. 1997). `These requirements offer the probationer some protection from an abuse of discretion by the trial court, aid an appellate court in reviewing a revocation, and prevent future revocations based on the same conduct.' T.H.B. v. State,649 So.2d 1323 ,1324 (Ala.Cr.App. 1994)."
In its orders1 revoking Williams's probation, the trial court stated, in pertinent part:
"Comes now the defendant and her attorney and in open Court on this the 3rd day of September, 2003, and after hearing testimony of the defendant to show cause why her probation should not be revoked at this time, the Court finds that the defendant has violated the conditions of her probation as set forth in the Delinquent Charge(s) Number[s] One (1) and Two (2).
"After due consideration, the Court finds that the defendant has violated the terms of her probation and it is hereby ORDERED, ADJUDGED AND DECREED BY THE COURT that the defendant's probation be and hereby is REVOKED."
(C. 36-A; C. 74.)
In Lowe v. State,
In addition, the order does not state the evidence the court relied on in revoking Williams's probation. To the extent that the trial court's statement that it "hear[d] testimony of the defendant to show cause why her probation should not be revoked at this time" (C. 36-A; C. 74) could be interpreted to be a reference to the evidence the court relied on in revoking Williams's probation, "[t]his court has consistently held that general recitations by the trial court that it considered the `testimony and arguments of counsel,' `testimony of the defendant,' `sworn testimony,' `testimony in open court,' are insufficient to satisfy the due process requirements ofArmstrong [v. State, *Page 1004
Therefore, based on Armstrong v. State,
REMANDED WITH DIRECTIONS.*
McMILLAN, P.J., and COBB and WISE, JJ., concur.
BASCHAB, J., concurs in the result.
Reference
- Full Case Name
- Debra Renee Williams v. State of Alabama.
- Cited By
- 2 cases
- Status
- Published