James v. StateJames v. State
The appellant, Andrew James, Sr., appeals from the order of the trial court revoking his probation.
I.
The appellant contends that “the trial court should have imposed a less drastic remedy than revocation of probation.” (Appellant‘s Brief at p. 7.) He specifically contends that the revocation of his probation was not in compliance with
II.
The appellant contends that the trial court‘s revocation order fails to adequately specify the evidence relied upon in revoking his probation, as required by Armstrong v. State, 294 Ala. 100, 312 So.2d 620 (1975), and Wyatt v. State, 608 So.2d 762 (Ala. 1992). See
The trial court‘s written order of revocation states, in pertinent part:
“Comes now the defendant and counsel and counsel for the State of Alabama on a probation revocation hearing in this case. The defendant having been charged with violating the terms and conditions of his probation, to-wit:
“1) Failure to Report to Probation Officer;
“2) Failure to Pay Supervision Fees;
“3) Failure to Pay Court Ordered Monies;
“4) Failure to Report to Court Referral Officer;
“and the Court having heard testimony and arguments of counsel, adjudged the defendant guilty of all four charges of violating the terms and conditions of probation and hereby ORDERS that the defendant‘s probation be revoked. The defendant is remanded to the custody of the Commissioner of the Department of Corrections for the remainder of his sentence.”
(C.10.)
In order for the due process requirements set forth in Armstrong and
Although the transcript of the probation revocation hearing presents evidence that supports the court‘s order revoking the appellant‘s probation, the Alabama Supreme Court held in Wyatt that the trial court must issue a written order stating the reasons for the revocation and the evidence it relied upon, even where “the transcript of the proceeding, coupled with the order, indicates the evidence relied upon by the trial court and the trial court‘s reason for the revocation.” 608 So.2d at 763.
We therefore remand this case to the trial court with directions that that court produce a written statement of the evidence relied upon in revoking the appellant‘s probation. A copy of the trial court‘s statement shall be returned to this court within 42 days of the release of this opinion.
REMANDED WITH DIRECTIONS.*
McMILLAN, COBB, BROWN, and BASCHAB, JJ., concur.