Roberts v. State

687 So. 2d 1238, 1996 Ala. Crim. App. LEXIS 164, 1996 WL 342268
Procedural entryThis page is a short order in Roberts v. State. Read the opinion of the Court — 735 So. 2d 1244
Court of Criminal Appeals of Alabama·Decided June 21, 1996·No. CR-95-0785·Published

Opinions

PATTERSON, Judge.

Charles Leon Roberts appeals from his probation revocation. The revocation order states that Roberts violated the terms of his probation by being charged with theft. The constitutional presumption of innocence prohibits probation revocation on the basis of hollow accusations. See Allen v. State, 644 So.2d 46 (Ala.Cr.App.1994). We remand the case for an amended order stating whether the trial court was reasonably satisfied that Roberts was guilty of the theft charge, and, if so, the evidence it relied upon.

[1239]*1239REMANDED WITH INSTRUCTIONS.

MeMILLAN and LONG, JJ., concur. TAYLOR, P.J., concurs in result only. COBB, J., is not sitting.

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Roberts v. State, 687 So. 2d 1238, 1996 Ala. Crim. App. LEXIS 164, 1996 WL 342268 (Ala. Ct. App. 1996).

687 So. 2d 1238 (Roberts v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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