Durry v. State

Dwight Durry appeals the circuit court's summary denial of his Rule 32, Ala. R.Crim.P., petition for postconviction relief, in which he attacked the August 30, 2005, revocation of his probation. Durry stated in his petition that he did not appeal the revocation.

Durry filed his Rule 32 petition on December 29, 2005. In his petition, Durry alleged that the trial court lacked jurisdiction to revoke his probation because, he said: (1) he was not afforded a revocation hearing before his probation was revoked and he did not waive his right to such a hearing, and (2) the trial court did not issue a…