Smiley v. State

BOLIN, Justice.

The State of Alabama, pursuant to Rule 39, Ala. RApp. P., petitioned this Court for a writ of certiorari to review whether the Court of Criminal Appeals erred in reversing the trial court’s judgment revoking Troy Andrew Smiley’s probation. We *567hold that it did, and we reverse and remand.

Underlying Facts and Procedural History

On June 13, 2008, Smiley pleaded guilty in the Lee Circuit Court to the unlawful possession of drug paraphernalia. He was sentenced to one year’s imprisonment; however, the trial court suspended the sentence and placed Smiley on supervised probation for one…