Roberson v. State
Decision Date | 30 November 1990 |
Parties | Willie James ROBERSON v. STATE. CR 89-861. |
Court | Alabama Court of Criminal Appeals |
David L. Ratcliffe, Mobile, for appellant.
Don Siegelman, Atty. Gen., and Jack W. Willis, Asst. Atty. Gen., for appellee.
The appellant, Willie James Roberson, pleaded guilty to the unlawful possession of cocaine, in violation of § 13A-12-212, Code of Alabama 1975. He was sentenced to five years in the state penitentiary. This sentence was suspended and the appellant was placed on formal probation for five years.
On May 13, 1989, the appellant's probation officer filed a motion to revoke the appellant's probation. In that motion, the probation officer alleged the following probation violations:
1. The appellant was arrested for theft of property by deception in the second degree.
2. The appellant had failed to report to his probation officer for over three months.
3. The appellant was $420 in arrears on his probation fee.
On April 5, 1990, a revocation hearing was held, at which the State had the burden of proving the three allegations of probation violation. The district attorney began by attempting to prove that the appellant had committed the offense of theft of property by deception in the second degree. During the hearing, the following occurred:
It appears from the record, and in particular the minute entry, that no other testimony was ever taken. On April 30, 1990, the appellant filed a motion to dismiss the motion to revoke his probation. On May 18, 1990, the trial court denied the appellant's motion and, without ever having heard any further testimony, revoked the appellant's probation.
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Allen v. State
...of probation. A "mere arrest" or the filing of charges is an insufficient basis for revoking one's probation. Roberson v. State, 572 So.2d 1323, 1325 (Ala.Cr.App.1990); Free v. State, 392 So.2d 857, 859 (Ala.Cr.App.1980), cert. denied, 392 So.2d 859 (Ala.), cert. denied, 451 U.S. 990, 101 S......
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T.D.M. v. State
...is an insufficient basis for revoking probation." See Gates v. State, 629 So.2d 719 (Ala. Crim. App. 1993) (citing Roberson v. State, 572 So.2d 1323 (Ala. Crim. App. 1990) ). See also Allen v. State, 644 So.2d 45 (Ala. Crim. App. 1994).Because the State failed to present any nonhearsay evid......
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Gates v. State, CR-92-547
...in Georgia; however, a "mere arrest" or the filing of charges is an insufficient basis for revoking probation. Roberson v. State, 572 So.2d 1323 (Ala.Cr.App.1990). The only evidence presented at the hearing was the appellant's testimony and a copy of the probation officer's report. The repo......
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Stephenson v. State, CR-95-1554
...in nature, neither formal procedures nor formal rules of evidence need be followed by the trial court. See also Roberson v. State, 572 So.2d 1323, 1325 (Ala.Cr.App.1990). Here, the reasons given by the trial court are insufficient to support the revocation of probation. Additionally, the tr......