242 So. 3d 1028
Ala. Crim. App.2017Background
- Legendre was convicted of second-degree burglary, sentenced to five years, split to time served and three years supervised probation.
- Probation officer Rachel Murrill filed a delinquency report alleging multiple violations: failure to report, leaving the State without permission, failure to pay supervision fees and court-ordered moneys, failure to report to a court-referral officer, and failure to complete a court-ordered substance-abuse program.
- At the revocation hearing Murrill testified she and Legendre had signed a probation order, Legendre contacted her after a 45-day jail term and a meeting was scheduled for May 13, 2016, which Legendre failed to attend.
- Murrill attempted calls to all known numbers for two months; she later learned Legendre was suspected in Florida vehicle theft and received a letter from the Florida victim claiming Legendre stayed at her home and stole a vehicle; Legendre was located only after his July 19, 2016 arrest on outstanding traffic tickets.
- The circuit court found Legendre had failed to report, failed to report to a court-referral officer, and failed to complete the substance-abuse program; the court concluded his failure to report rose to the level of absconding and revoked probation.
Issues
| Issue | Plaintiff's Argument (Legendre) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether evidence was sufficient to revoke probation for absconding | State presented only telephone attempts and hearsay about leaving the State; insufficient to show absconding | Ore tenus testimony plus evidence of notice, missed scheduled meeting, prolonged inability to locate, and arrest support inference of concealment/absconding | Court affirmed: evidence was sufficient to find Legendre absconded and revoke probation |
| Whether proving "absconding" requires evidence of leaving jurisdiction | Legendre contended State had to show he left the State/jurisdiction | State argued "abscond" includes concealment/evading legal process, not necessarily leaving jurisdiction | Court held absconding can be shown by concealment/evading legal process; leaving jurisdiction not required |
Key Cases Cited
- Armstrong v. State, 294 Ala. 100, 312 So.2d 620 (standard for probation revocation: court must be reasonably satisfied)
- Smiley v. State, 52 So.3d 565 (presumption of correctness for ore tenus findings)
- Bean Dredging, L.L.C. v. Alabama Dep't of Revenue, 855 So.2d 513 (use plain and ordinary meaning when term not defined in statute)
- Ex parte Shelby County Health Care Auth., 850 So.2d 332 (statutory interpretation principle cited)
- Manley v. State, 633 S.W.2d 881 (definition of "abscond" includes clandestine departure or concealment to avoid legal process)
- State v. Hooper, 278 Or. App. 246, 373 P.3d 1272 (absconding requires intent to evade legal process; failure to report alone insufficient)
- Giffin v. City of Florence, 677 So.2d 1280 (intent may be inferred from circumstantial evidence)