Akins v. State

Tom Glaze, Judge.

This case is appealed from a judgment revoking the appellant’s, Carl Akins, probation which he previously received on a conviction for possession of heroin. For reversal, Akins argues he failed to receive proper notice or a hearing on the petition for revocation filed in this cause. The State concedes Akins did not receive a hearing on the petition but contends he was not prejudiced.

We first consider the issue of whether Akins received proper notice, and on the record before us, we find he did not. The burden was on the State to show Akins had been apprised of the revocation…