Smoke v. State

We remanded this case to the trial court for it to state on the record whether it had complied with Rule 27.1, Ala.R.Crim.P., by informing Smoke in writing of the conditions of his probation, specifically, the condition that he had to have permission from his probation officer to leave the state. See Smoke v. State, 812 So.2d 387 (Ala.Crim.App. 2001). In its order on return to remand, the trial court stated, in pertinent part:

"[T]his Court determines that the record is unclear as to the existence of a written order of probation. No such order was found in the probation file and the Defendant…