Weaver v. State

McMILLAN, Judge.

From the order of the trial court revoking appellant’s probation, this appeal follows. Since the trial court failed to follow the guidelines of Armstrong v. State, 294 Ala. 100, 312 So.2d 620 (1975), said order revoking probation is hereby reversed and the cause is remanded to the trial court for a proper hearing under the Armstrong requirements.

On August 14, 1984, appellant was served with a motion notifying him of intent to revoke his probation based upon a guilty plea entered to the charge of third degree assault. On August 28, 1984, Honorable John Bertolotti, Jr.,…