Legal Opinion

Roberts v. State

Court of Criminal Appeals of Alabama

Decided June 21, 1996No. CR-95-0785Published

1Opinion of the Court

PATTERSON, Judge.

Charles Leon Roberts appeals from his probation revocation. The revocation order states that Roberts violated the terms of his probation by being charged with theft. The constitutional presumption of innocence prohibits probation revocation on the basis of hollow accusations. See Allen v. State, 644 So.2d 46 (Ala.Cr.App.1994). We remand the case for an amended order stating whether the trial court was reasonably satisfied that Roberts was guilty of the theft charge, and, if so, the evidence it relied upon.

*1239REMANDED WITH INSTRUCTIONS.

MeMILLAN and LONG, JJ., concur. TAYLOR,…

2Cases cited1 opinion

  1. Holcomb v. StateCourt of Criminal Appeals of Alabama · 1994

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