Ex Parte Garlington v. State
Ex Parte Garlington v. State
Opinion
In August 2005, Cornelius Dewan Garlington was convicted of possession of cocaine, distribution of a controlled substance, and obstruction of justice. He was sentenced to 20 years' imprisonment for the drug-related convictions and to 2 years' imprisonment for the obstruction conviction, all three sentences to run concurrently. The sentences were suspended, and he was placed on two years' probation.
In 2006, after a probation-revocation hearing, the trial court revoked Garlington's probation, stating only, both orally on the record and in a written order, "Probation is revoked." Garlington appealed, and the Court of Criminal Appeals issued an unpublished memorandum affirming the trial court's revocation order.Garlington v. State (No. CR-06-1066, August 24, 2007), ___ So.2d ___ (Ala.Crim.App. 2007) (table).
Garlington petitioned this Court for certiorari review. We granted his petition to consider whether the Court of Criminal Appeals' decision affirming the revocation of his probation conflicts with this Court's decision in McCoo v. State,
Rule 27.6(f), Ala. R.Crim. P., provides that, when revoking probation, "[t]he judge shall make a written statement or state for the record the evidence relied upon and the reasons for revoking probation." In order to meet the requirements *Page 459
of Rule 27.6(f), as well as those of constitutional due process, it is "the duty of the trial court to take someaffirmative action, either by a statement recorded in the transcript or by written order, to state its reasons for revoking probation, with appropriate reference to the evidence supporting those reasons." McCoo,
Under these circumstances, the appropriate remedy is to "remand this case to the circuit court with instructions that it enter a written order in which it specifically states the evidence upon which it relied and its reasons for revoking the appellant's probation." Kenney v. State,
REVERSED AND REMANDED.
COBB, C.J., and SEE, LYONS, STUART, SMITH, BOLIN, PARKER, and MURDOCK, JJ., concur.
Reference
- Full Case Name
- Ex Parte Cornelius Dewan Garlington. (In Re Cornelius Dewan Garlington v. State of Alabama).
- Cited By
- 19 cases
- Status
- Published