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12/29/94 THOMAS JAMES HILL v. STATE

December 29, 1994

THOMAS JAMES HILL
v.
STATE



Blount Circuit Court. William Hereford, TRIAL JUDGE.

Rule 39(k) Motion Denied March 24, 1995. Rehearing Denied March 24, 1995. Certiorari Denied September 1, 1995. Released for Publication March 2, 1996.

Bowen, Presiding Judge. All Judges concur.

The opinion of the court was delivered by: Bowen

ON RETURN TO REMAND

BOWEN, PRESIDING JUDGE

The circuit court responded to this Court's order of remand by filing an "order on remand" on November 10, 1994. That order meets the requirements of Armstrong v. State, 294 Ala. 100, 312 So. 2d 620 (1975). In addition, the order states that "all parties agreed that an arrest of the defendant was not necessary" and that the circuit court "obtained jurisdiction by consent of the defendant." The order states that the appellant's probation was revoked because he violated the condition of his probation requiring him to complete the course for adult sex offenders of child victims at the North Alabama Sex Offender Treatment Program, and, because, in fact, "when he was interviewed for admittance [he] denied that he was a sex offender" -- a denial which "directly contradicted the defendant's plea of guilty and was a violation of the principal condition of his probation."

The judgment of the circuit court revoking the appellant's probation is affirmed.

OPINION EXTENDED;

AFFIRMED.

All Judges concur.

19941229

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