Lake v. State

SAM TAYLOR, Judge.

The appellant in this case was being held without bond in the county jail charged with first degree rape on June 7, 1983, when a writ of arrest to show cause why his probation should not be revoked was served on him. He had been on probation for two counts of assaulting a police officer with a deadly weapon. See 390 So.2d 1088 (Ala.Cr.App.1980). Judge Nice, who was succeeded by Judge Hard, had given appellant a split sentence of one year in the penitentiary and four years’ probation. At *486a “preliminary revocation hearing,” on June 15, appellant read a copy of the report of…