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3 So. 3d 825

Abrams v. State

Court of Criminal Appeals of Alabama

Decided August 29, 2008

Court of Criminal Appeals of Alabama · decided 2008-08-29

Cited by 9 later decisions — most recently June 2018

9 state decisions

Relies on Ex Parte Abrams

Good law ✅— No negative treatment on recordhow we know

Decided 2008-08-29

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¶1After Remand by the Alabama Supreme Court

McMILLAN, Judge.

¶2On October 26, 2007, this court affirmed the trial court’s revocation of Sylvester James Abrams’s probation by unpublished memorandum. Abrams v. State (No. CR-06-1288, October 26, 2007),-So.3d-(Ala.Crim.App.2007) (table). On May 2, 2008, the Alabama Supreme Court reversed this court’s judgment and remanded the cause for further proceedings. Ex parte Abrams, 3 So.3d 819 (Ala.2008). The Supreme Court held that Abrams’s sufficiency-of-the-evidence claim was not procedurally barred and that his probation could not be revoked for failure to pass a drug test because a drug test predated his sentence of probation, and nothing suggested that his probation was conditioned upon a negative drug test. In accordance with the opinion of the Alabama Supreme Court, the trial court’s order revoking Abrams’s probation is reversed, and this cause is remanded to the trial court for further proceedings consistent with the Alabama Supreme Court’s opinion.

¶3REVERSED AND REMANDED.

BASCHAB, P.J., and SHAW, WISE, and WELCH, JJ., concur.
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