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Turner v. State
Citations: 516 So. 2d 934; 1987 Ala. Crim. App. LEXIS 5168; 1987 WL 890Docket: 6 Div. 308
Court: Court of Criminal Appeals of Alabama; August 18, 1987; Alabama; State Appellate Court
James Nelson Turner was convicted of third-degree burglary and first-degree receiving stolen property, resulting in concurrent five-year sentences: one year in prison and four years on probation. During his first nine months of incarceration, Turner received three disciplinary actions and was involved in eleven fights. As a result, the trial judge revoked his probation for failing to comply with the terms of his split sentence before completing his prison term. Probation can be revoked for violations that occur while the individual is still incarcerated, as established in precedents such as Wilcox v. State and Touch v. State. However, the initial revocation order did not include a written statement explaining the evidence and reasons for the revocation, which is required by Armstrong v. State. Consequently, the case was remanded to the circuit court to address this deficiency. On remand, the circuit court revised its order to meet the due process standards set forth in Armstrong. Turner's application for rehearing was denied, and the judgment of the circuit court was affirmed. All judges concurred in the decision.