Public-domain · open source
OpenJurist

557 So. 2d 857

Williams v. State

Court of Criminal Appeals of Alabama

Decided February 2, 1990

Court of Criminal Appeals of Alabama · decided 1990-02-02

Cited by 4 later decisions — most recently June 1994

4 state decisions

Relies on 432 So. 2d 552 - Moore v. State · 485 So. 2d 379 - Powell v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1990-02-02

View the full empirical analysis of this case →

¶1

¶2Alvin Dale Williams pleaded guilty and was convicted of possession of cocaine and assault in the second degree. In May of 1989, Williams was placed on three years' probation. In June of 1989, his probation was revoked on hearsay evidence indicating that Williams had sold cocaine to a police informant seven days after Williams had been granted probation.

¶3At the revocation proceeding, the State's only witness was a city police officer who testified to what he had been told by his informant. The Attorney General recognizes the error in the proceedings. "[P]robation cannot be revoked solely upon hearsay *858 evidence." Moore v. State, 432 So.2d 552, 553 (Ala.Cr.App. 1983). See also Powell v. State, 485 So.2d 379 (Ala. 1986).

¶4The judgment of the circuit court revoking probation is hereby reversed and set aside. This cause is remanded for further proceedings.

¶5REVERSED AND REMANDED.

¶6All Judges concur. *1199

/557/so2d/857 · .json · Public domain