Smiley v. State

On Remand from the Alabama Supreme Court

KELLUM, Judge.

The appellant, Troy Andrew Smiley, appealed the circuit court’s revocation of his probation. Smiley argued on appeal that the circuit court erred in revoking his probation based on alleged misconduct that occurred before he was sentenced and placed on probation. This court agreed and reversed the circuit court’s judgment revoking Smiley’s probation. See Smiley v. State, 52 So.3d 563 (Ala.Crim.App.2009).

The State petitioned the Alabama Supreme Court for certiorari review, which the Supreme Court granted. On May 7, 2010, the Supreme Court…