Woodberry v. State

McMILLAN, Judge.

The appellant pleaded guilty and was subsequently convicted of theft of property in the second degree, in violation of § 13A-8-4, Code of Alabama 1975. He was sentenced to 15 years’ imprisonment, and the sentence was split, so that he was to serve 3 years in the penitentiary and then 5 years on probation.

During the appellant’s incarceration, he had approximately 67 disciplinary infractions. The trial judge conducted a hearing to determine whether the appellant’s probation should be revoked. (See § 15-18-8, Code of Alabama 1975.) At that hearing, Larry Thompson, a correctional…