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11/10/94 LONNIE LAMAR SKIPPER v. STATE

November 10, 1994

LONNIE LAMAR SKIPPER
v.
STATE



Appeal from Baldwin Circuit Court. (CC-93-537). Pamela Baschab, TRIAL JUDGE.

Released for Publication March 10, 1995.

Taylor

The opinion of the court was delivered by: Taylor

ON RETURN TO REMAND

TAYLOR, JUDGE

The appellant, Lonnie Lamar Skipper, pleaded guilty to theft of property in the second degree. He was placed on supervised probation in a disciplinary rehabilitation program commonly known as "boot camp." The appellant's probation was subsequently revoked. We remanded this case to the Circuit Court for Baldwin County so that the court could comply with the holdings of the United States Supreme Court cases of Morrissey v. Brewer, 408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972), and Gagnon v. Scarpelli, 411 U.S. 778, 93 S.Ct. 1756, 36 L.Ed.2d 656 (1973), and make written findings as to the reasons for revoking the appellant's probation.

While this case was pending on remand the trial court requested that it be given jurisdiction to reconsider the appellant's probationary status. This court on August 1, 1994, filed an order giving the circuit court jurisdiction to reinstate the appellant's probation if it determined that reinstatement was justified. The court has reconsidered the case and has reinstated the appellant's probation. The appellant's appeal from the revocation of his probation is now moot. His appeal, therefore, is due to be dismissed.

APPEAL DISMISSED.

ALL THE JUDGES CONCUR

19941110

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