Dailey v. State, 3 Div. 366
| Decision Date | 04 August 1981 |
| Docket Number | 3 Div. 366 |
| Citation | 402 So.2d 1117 |
| Parties | Isaac Charles DAILEY v. STATE. |
| Court | Alabama Court of Criminal Appeals |
William D. Melton, Evergreen, for appellant.
Charles A. Graddick, Atty. Gen. and Sandra M. Solowiej, Asst. Atty. Gen., for appellee.
This is an appeal from a revocation of probation. The record reveals that the defendant began serving his ten year sentence for forgery in the second degree on June 26, 1979. Dailey v. State, 374 So.2d 414 (Ala.Cr.App.1979). On November 2, 1980, the Circuit Court issued the following order:
The Circuit Court had no jurisdiction to suspend the defendant's sentence and place him on "probation". Section 15-22-50, Alabama Code 1975. A trial court's authority to suspend sentence and place a person on probation terminates when that person has actually entered on service of his sentence. Ex parte Smith, 252 Ala. 415, 41 So.2d 570 (1949); Ex parte Robinson, 44 Ala.App. 469, 213 So.2d 409 (1968).
Since the Circuit Court had no jurisdiction, power or authority to order the suspension of sentence and probation of the defendant, the court's order revoking probation is likewise without authority. Consequently, the judgments of the Circuit Court granting and revoking probation are null and void. The judgment of the Circuit Court is reversed.
REVERSED AND RENDERED.
All Judges concur.
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Canada v. State, 7 Div. 929
...until the defendant has actually begun to serve his sentence. Ex parte Smith, 252 Ala. 415, 41 So.2d 570 (1949); Dailey v. State, 402 So.2d 1117 (Ala.Cr.App.1981); Sparks v. State, 40 Ala.App. 551, 119 So.2d 596, cert. denied, 270 Ala. 488, 119 So.2d 600 "It will be observed that the power ......
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State v. Utley (Ex parte State)
...and place a person on probation terminates when that person has actually entered on service of his sentence.” Dailey v. State, 402 So.2d 1117, 1118 (Ala.Crim.App.1981) (emphasis added). “Once an application for probation is made, the defendant will not enter into service of his sentence unt......
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Blevins v. State, 7 Div. 91
...request probation prior to the commencement of the execution of a sentence bars probation is correct, as was held in Dailey v. State, Ala.Cr.App. 402 So.2d 1117, 1118 (1981), which is cited and relied upon in the return to the order of remandment. Nevertheless, we are not absolutely certain......