Narrative Opinion Summary
In this appellate case, the appellant challenges the revocation of his probation, originally granted following a guilty plea to second-degree assault and criminal mischief. The probation was revoked without prior written notice of the allegations, allegedly violating due process under Ala.Code 1975 § 15-22-54. However, the appellant did not raise this issue at the circuit court level, resulting in a waiver for appellate review according to King v. State. The appellant urged the appellate court to reconsider the precedent, but the court declined. A significant procedural error was identified: the absence of a written order specifying the reasons and evidence for the probation revocation, as required by Rule 27.6(f) of the Alabama Rules of Criminal Procedure. This procedural lapse allowed the issue to be considered on appeal, as established in Stallworth v. State. The case was remanded to the trial court to issue the requisite written order, with instructions to submit it to the appellate court within 45 days. The appellate court affirmed the decision without an opinion following the remand, emphasizing the necessity of compliance with procedural requirements for probation revocation.
Legal Issues Addressed
Preservation of Issues for Appellate Reviewsubscribe to see similar legal issues
Application: The appellant's failure to raise the due process issue at the circuit court level resulted in a waiver of the issue for appellate review, consistent with the precedent set in King v. State.
Reasoning: He acknowledges failing to raise this issue at the circuit court level, thus waiving it for appellate review based on precedent set in King v. State.
Remand for Issuance of Written Findingssubscribe to see similar legal issues
Application: The appellate court remanded the case to issue a written order of reasons and evidence for probation revocation, with a 45-day deadline for submission to the appellate court.
Reasoning: Consequently, the case is remanded to the trial court with directions to issue a written order that includes the reasons for revocation and the evidence relied upon.
Revocation of Probation and Due Process Requirementssubscribe to see similar legal issues
Application: The appellant's probation was revoked without written notice of allegations, raising due process concerns under Ala.Code 1975 § 15-22-54, but the issue was waived for appellate review due to lack of objection at the circuit court level.
Reasoning: Burley argues he was denied due process due to the lack of written notice regarding the allegations before the hearing, in violation of Ala.Code 1975 § 15-22-54.
Written Order Requirement for Probation Revocationsubscribe to see similar legal issues
Application: The absence of a written order detailing the reasons and evidence for probation revocation is an exception to the preservation requirement, allowing the issue to be raised on appeal as per Stallworth v. State.
Reasoning: Burley and the State agree that there was no written order detailing the trial judge's reasons and the evidence for the probation revocation, as mandated by Rule 27.6(f) of the Alabama Rules of Criminal Procedure.