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671 So. 2d 772

Jones v. State

Court of Criminal Appeals of Alabama · decided 1995-06-16

Cited by 1 later decisions — most recently August 1996

1 state decisions

Key passage — most relied on by later courts

““Upon consideration of the evidence presented by the State at the Defendant’s probation revocation hearing, that the Defendant’s apartment was searched pursuant to a lawful warrant, that at the time of the search crack cocaine and over $2,000.00 in cash and Food Stamps were found, that the Defendant was .present in his apartment at the time of the search and that after being Mirandized, the Defendant admitted that the crack cocaine was his, the Court finds that the Defendant, Dan Jones, did unlawfully possess crack cocaine. The Court revokes the Defendant’s probation based upon its finding that the Defendant, while on probation, unlawfully possessed crack cocaine.””

quoted by 1 later decision, including Hughes v. State

Relies on Morrissey v. Brewer · Gagnon v. Scarpelli · 671 So. 2d 770 - Jones v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1995-06-16

View the full empirical analysis of this case →

¶1ON RETURN TO REMAND

TAYLOR, Presiding Judge.

¶2The appellant, Dan Jones, appealed the revocation of his probation. We remanded this ease so that the trial court could make a *773written statement of the reasons for revoking the appellant’s probation and the evidence upon which it relied, in compliance with Morrissey v. Brewer, 408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972), and Gagnon v. Scarpelli, 411 U.S. 778, 93 S.Ct. 1756, 36 L.Ed.2d 656 (1973). Jones v. State, 671 So.2d 770 (Ala.Cr.App.1995).

¶3The trial court has complied with our directions and has filed the following order:

“Upon consideration of the evidence presented by the State at the Defendant’s probation revocation hearing, that the Defendant’s apartment was searched pursuant to a lawful warrant, that at the time of the search crack cocaine and over $2,000.00 in cash and Food Stamps were found, that the Defendant was present in his apartment at the time of the search and that after being Mirandized, the Defendant admitted that the crack cocaine was his, the Court finds that the Defendant, Dan Jones, did unlawfully possess crack cocaine. The Court revokes the Defendant’s probation based upon its finding that the Defendant, while on probation, unlawfully possessed crack cocaine.”

¶4The trial court’s order complies with Mor-rissey and Gagnon. The revocation of appellant’s probation is due to be affirmed.

¶5AFFIRMED.

All the Judges concur.
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