Robinson v. State
Robinson v. State
Opinion
Certiorari was granted to determine whether the Court of Criminal Appeals,
The action of that Court in reversing the judgment of conviction was based upon, not an incomplete record, but the absence of any record disclosing a Boykin colloquy or an agreement to receive probation. Cf. Twyman v. State,
In this case there was no transcript of the trial court's proceedings. Thus, there was an absolute silence on the issues reviewed by the majority of the Court of Criminal Appeals. A reviewing court cannot predicate error on matters not shown by the record. Watson v. State,
Thus, the reviewing Court below erred in predicating error on the silent record. The judgment of that Court, accordingly, is reversed, and this cause is remanded to that Court for an order not inconsistent with this opinion.
REVERSED AND REMANDED.
TORBERT, C.J., and MADDOX, JONES, ALMON, SHORES and EMBRY, JJ., concur.
FAULKNER and ADAMS, JJ., dissent.
Reference
- Full Case Name
- Ex Parte State of Alabama. (Re John Marion Robinson v. State of Alabama).
- Cited By
- 62 cases
- Status
- Published