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Dennis v. State

Alabama Court of Criminal Appeals

November 21, 2014

Joshua Shane Dennis
v.
State of Alabama

Released for Publication July 22, 2015.

Appeal from Jefferson Circuit Court, Bessemer Division. (CC-12-1460). David J. Hobdy, Jr., Trial Judge.

For Appellant: Ginette Allard Dow, Bessemer.

For Appellee: Luther Strange, atty. gen., and James B. Prude, asst. atty. gen.

KELLUM, Judge. Windom, P.J., and Welch, Burke, and Joiner, JJ., concur.

OPINION

On Return to Remand[*]

KELLUM, Judge.

The appellant, Joshua Shane Dennis, appeals from the circuit court's revocation of his probation. In December 2012, Dennis pleaded guilty to unlawful possession of a controlled substance, a violation of § 13A-12-212, Ala. Code 1975. The circuit court sentenced Dennis to 10 years' imprisonment; that sentence was split, and Dennis was ordered to serve 2 years in the Jefferson County Community Corrections program. The circuit court suspended the sentence and placed Dennis on probation for one year on the condition that he complete a drug-treatment program.

On October 16, 2013, the circuit court issued an arrest warrant for Dennis on the ground that he " probably violated the terms of his community corrections." (C. 32.) The circuit court appointed an attorney to represent Dennis and set a probation-revocation hearing for April 16, 2014. On that same day, the circuit court entered an order on the case-action summary in which it revoked Dennis's sentence to community corrections and ordered Dennis to serve the balance of his 10-year sentence in the custody of the Alabama Department

Page 380

of Corrections. The following entry appears on the case-action summary:

" [Dennis] appeared with [defense counsel], [Dennis] is noncompliant with Community Corrections program, [Dennis] has new cases in Coffee County and is now in Drug Court in Coffee County. Community Corrections is revoked, sentence of 10 years entered on December 20, 2012, is placed into effect. [Dennis] to be credited for time served."

(C. 37.) This appeal followed.

On appeal, Dennis contends, among other things, that the revocation of his probation is due to be reversed because no transcript exists of the probation-revocation proceedings. Dennis further argued that the circuit court's order revoking his probation was deficient because it did not contain a statement of the evidence the circuit ...


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