Legal Opinion

Smoke v. State

Court of Criminal Appeals of Alabama

Decided March 30, 2001No. CR-99-2351Published

1Opinion of the Court

SHAW, Judge.

Leroy Harold Smoke, Jr., appeals from the trial court’s revocation of his probation. At the State’s request, we remand this case for the trial court to clarify on the record whether it complied with Rule 27.1, Ala.R.Crim.P., when it placed Smoke on probation.

The case action summary contained in the record indicates that Smoke pleaded guilty to felony driving under the influence of alcohol, see § 32-5A-191, Ala.Code 1975; that he was initially sentenced to 5 years’ imprisonment; that that sentence was suspended, conditioned on his serving 18 months in a county detention facility…

2Cases cited4 opinions

  1. Wilcox v. StateSupreme Court of Alabama · 1981
  2. Byrd v. StateCourt of Criminal Appeals of Alabama · 1995
  3. Pettway v. StateCourt of Criminal Appeals of Alabama · 1993
  4. Smoke v. StateCourt of Criminal Appeals of Alabama · 2001

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