Summerall v. State

This is an appeal by the defendant Jeffrey Summerall from a final order revoking the defendant’s probation. We reverse.

The testimony at the probation revocation hearing was received over the course of three days from December 19, 1988 to January 12, 1989; the defendant was present with counsel during each of these proceedings. On January 13, 1989, the trial court heard argument of counsel, found the defendant in violation of his probation, and signed sentencing orders imposing a total of nine years imprisonment; the defendant, who was in the county jail during all of the proceedings below,…