Public-domain · open source
OpenJurist

494 So. 2d 786

Edmondson v. State

Court of Criminal Appeals of Alabama

Decided December 10, 1985

Court of Criminal Appeals of Alabama · decided 1985-12-10

Relies on Armstrong v. State · 350 So. 2d 716 - Hill v. State · 451 So. 2d 367 - King v. State

Decided 1985-12-10

¶1

¶2Appellant was convicted for the offense of assault in the second degree in violation of § 13A-6-21, Code of Alabama 1975, and sentenced to four years in the state penitentiary. Appellant was granted probation and ordered to pay restitution and costs. After a hearing held on June 20, 1985, the trial court revoked the appellant's probation. It is from the order of revocation of appellant's probation that this appeal follows.

¶3The State of Alabama has declined to file a brief in this case and, instead, has filed a "Motion for Remandment" which states, in part, as follows:

¶4 "Pursuant to Hill v. State, 350 So.2d 716 (Ala.Cr.App. 1977), and Armstrong v. State [294 Ala. 100], 312 So.2d 620 (Ala. 1975), the appellee declines to file a brief and the case should be remanded for failure of trial court to provide a written statement as to the evidence relied upon for revocation of the probation."

*787

¶5After our review of the record, it would appear that the State of Alabama's recommendation is appropriate.

¶6It is apparent that the trial court failed to make a "written statement" of the evidence relied on and the reasons for revoking the appellant's probation, as required under the authority of Armstrong v. State, 294 Ala. 100, 312 So.2d 620 (1975). For this reason, this case is remanded with directions that the probation revocation requirements, as established inArmstrong, be satisfied. Nance v. State, 453 So.2d 761 (Ala.Cr.App. 1984); King v. State, 451 So.2d 367 (Ala.Cr.App. 1984).

¶7REMANDED WITH DIRECTIONS.

¶8All the Judges concur.

¶9

ON RETURN TO REMAND

/494/so2d/786 · .json · Public domain