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Smiley v. State
Citations: 52 So. 3d 563; 2009 Ala. Crim. App. LEXIS 51; 2009 WL 1164951Docket: CR-07-2275
Court: Court of Criminal Appeals of Alabama; May 1, 2009; Alabama; State Appellate Court
Troy Andrew Smiley appealed the revocation of his probation by the circuit court, which occurred after he was arrested for murder while on probation for a previous drug-related offense. Smiley had pleaded guilty to unlawful possession of drug paraphernalia and was sentenced to one year of imprisonment, suspended in favor of one year of supervised probation beginning June 13, 2008. On July 24, 2008, the court issued a warrant for his arrest due to alleged probation violations related to the new murder charge. A probation-revocation hearing took place on July 25, 2008, but Smiley's defense counsel claimed he had not been notified of this hearing. A subsequent hearing was held on September 4, 2008, where evidence was presented, including testimony from investigator Jeff Hopper, who detailed Smiley's involvement in the murder of Jeffery Blake Stone. Smiley admitted to planning the murder with an accomplice and assisting in the disposal of Stone's body, which ultimately led to his arrest on July 1, 2008, when Stone's body was discovered in a freezer. David Dubose, Smiley's probation officer, testified that he learned of Smiley's murder charge in August 2008 and informed him that the basis for the revocation was committing a new offense while on probation. On September 18, 2008, the circuit court officially revoked Smiley's probation, stating he had violated its terms despite the murder occurring before his probation began. Smiley's appeal challenges the circuit court's decision to revoke his probation based on alleged misconduct that occurred before he was sentenced and placed on probation. He argues that such actions cannot justify probation revocation as established in Rutledge v. State, where it was ruled that misconduct occurring prior to sentencing cannot form the basis for revocation. The court reiterated that violations must occur during the probationary period. Although the State urged the court to reconsider this stance, referencing Tennessee case law that allows for consideration of undisclosed offenses during probation, the Alabama court maintained its position consistent with other jurisdictions. Ultimately, the court determined that the circuit court improperly revoked Smiley's probation based on pre-sentencing misconduct and directed the lower court to set aside its revocation order. The decision was reversed and remanded with directions.