Jacobs v. StateJacobs v. State
On appeal from judgment and sentence imposed after a revocation hearing and oral revocation of probation, James Alan Jacobs contends that the trial court erred in revoking his probation for consuming alcoholic beverages and driving while his license was suspended. At the revocation hearing, his probation officer testified that Mr. Jacobs admitted drinking alcoholic beverages; and appellant admitted the driving offense. The hearing transcript is part of the record on appeal. See Hamm v. State,
Mr. Jacobs argues that revocation was not warranted for violations of conditions of probation he characterizes as relatively insignificant. We reject this contention on the facts of this case. We note that alcohol use was implicated in the offense for which Mr. Jacobs was placed on probation. The trial court had good reason to find appellant’s violations willful, substantial, and not merely technical.
The written order revoking probation was not entered until after notice of appeal was filed. Because the judgment and sentence — unlike the order of revocation — were entered before the notice was filed, the taking of an appeal divested the trial court of jurisdiction. Appellant’s objection that the trial court had no jurisdiction to enter the revocation order is, therefore, well taken. We do not, however, agree that even the complete lack of a written order would constitute harmful error on this record. See Thomas v. State,
Affirmed.