Hamilton v. State, 3 Div. 804
| Decision Date | 30 August 1983 |
| Docket Number | 3 Div. 804 |
| Citation | 441 So.2d 1035 |
| Parties | Jerry D. HAMILTON v. STATE of Alabama. |
| Court | Alabama Court of Criminal Appeals |
William E. Skinner of Skinner & Gobrecht, Montgomery, for appellant.
Charles A. Graddick, Atty. Gen., and Jean Williams Brown, Asst. Atty. Gen., for appellee.
On October 30, 1981, the appellant was convicted of burglary in the third degree and theft of property in the second degree. The trial judge then sentenced the appellant to one year and one day, suspended sentence. The appellant was placed on probation and the conditions of that probation were as follows: (1) that the appellant serve 60 days in the county jail; (2) that the appellant pay restitution in the amount of $300.00 to Roper's Jewelry; (3) that the appellant enter an alcohol abuse program and (4) that the appellant not engage in injurious habits.
I
The appellant claims that his period of probation had expired prior to the time the State filed its motion to revoke probation on April 13, 1983.
However, it seems clear that the appellant's probation period had not expired under State law. Section 15-22-54(a) and (b) provides:
(a) The period of probation or suspension of execution of sentence shall be determined by the court, and such period may be continued, extended or terminated; provided, that in no case shall the maximum probation period of a defendant guilty of a misdemeanor exceed two years, nor shall the maximum probation period of a defendant guilty of a felony exceed five years. Upon the satisfactory fulfillment of the conditions of probation or suspension of sentence, the court shall by order duly entered on its minutes, discharge the defendant.
(b) The court granting probation may, upon the recommendation of the officer supervising the probationer, terminate all authority and supervision over said probationer prior to the declared date of completion of probation upon a showing of continued satisfactory compliance with the conditions of probation over a sufficient portion of the period of said probation. (Emphasis added).
The appellant did not satisfactorily fulfill the conditions of his probation nor was there ever a formal discharge of the appellant from probation by order of the court under the above Code section.
Furthermore, there was not a showing of continued satisfactory compliance with the conditions of his probation over a period of...
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Boles v. State
...and we discussed acts--other than arrest--which might toll the running of the probationary term. 455 So.2d at 163. In Hamilton v. State, [441 So.2d 1035 (Ala.Cr.App.1983),] we were presented with the issue whether the State's 'motion to revoke' was timely filed before expiration of the prob......
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Woodward v. State
...Sherer v. State, 486 So.2d 1330 (Ala.Crim.App.1986); Watkins v. State, 455 So.2d 160 (Ala.Crim.App. 1984); and Hamilton v. State, 441 So.2d 1035 (Ala.Crim.App.1983). Initiation of proceedings to revoke probation, such as the issuance of an arrest warrant or the filing of a delinquency repor......
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Young v. State, 5 Div. 521
...he receives a formal discharge from the trial court," Sherer v. State, 486 So.2d 1330, 1331 (Ala.Cr.App.1986); Hamilton v. State, 441 So.2d 1035, 1036 (Ala.Cr.App.1983). "Section 15-22-54(a) provides that the probation period 'may be continued, extended or terminated; provided, that in no c......
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Perkins v. State
...; Sherer v. State, 486 So.2d 1330 (Ala.Crim.App.1986) ; Watkins v. State, 455 So.2d 160 (Ala.Crim.App.1984) ; and Hamilton v. State, 441 So.2d 1035 (Ala.Crim.App.1983). Initiation of proceedings to revoke probation, such as the issuance of an arrest warrant or the filing of a delinquency re......