Davis v. State

BASCHAB,

Judge, dissenting.

The appellant argues, for the first time on appeal, that the circuit court erred by not advising him of his right to request counsel to represent him during the revocation proceedings. For the reasons set forth below, I would conclude that his argument is not properly before this court and would affirm the circuit court’s judgment.

We have previously held that arguments that a circuit court did not comply with the requirements of Rules 27.5 and 27.6, Ala. R.Crim. P., must first be presented to the circuit court or they are waived on appeal. For example, in Puckett v.…