Rehearing Denied May 26, 2017.
Certiorari Denied July 7, 2017 Alabama Supreme Court 1160795.
Leighton Nation, Huntsville, for appellant.
Strange, atty. gen., and Stephen N. Dodd, asst. atty. gen.,
WINDOM, Presiding Judge.
Anthony Legendre appeals the revocation of his probation by
the Madison Circuit Court. Legendre was originally convicted
of second-degree burglary, a violation of § 13A-7-6,
Ala. Code 1975, and was sentenced to five years in prison.
Legendre's sentence was split to time served, followed by
three years of supervised probation.
21, 2016, Legendre's probation officer filed a
delinquency report alleging that Legendre had violated the
terms and conditions of his probation: 1) by failing to
report; 2) by leaving the State without permission; 3) by
failing to pay supervision fees; 4) by failing to pay
court-ordered moneys; 5) by failing to report to a
court-referral officer; and 6) by failing to complete a
court-ordered substance-abuse program. On August 10, 2016,
the circuit court held an initial appearance, at which
Legendre denied the allegations against him. On August 24,
2016, the circuit court held a probation-revocation hearing.
Murrill, Legendre's probation officer, was the sole
witness at the hearing. Murrill testified that she had
presented Legendre with an order of probation that informed
him of his responsibilities while on probation and that she
and Legendre had signed the order. Murrill then testified to
a number of alleged violations. Specifically, Murrill stated
that Legendre had contacted her to inform her that he
recently had been released from incarceration following a
45-day “dunk, ” which had been imposed as a
result of a previous probation violation. Murrill and
Legendre scheduled a meeting for the next day, May 13, 2016.
Legendre, however, did not appear at the meeting.
attempted to contact Legendre through all of his known
telephone numbers but was unsuccessful. In July 2016, Murrill
learned from another officer that Legendre was suspected of
stealing a vehicle in Florida. During a telephone
conversation with the Florida victim, Murrill was told
Murrill that Legendre had traveled to Florida to visit her
daughter. According to the victim, Legendre lived at her
house in Florida without permission for two weeks and stole
her vehicle. Murrill received a letter from the victim
detailing Legendre's presence in Florida, which the
circuit court received into evidence. Murrill was finally
able to locate Legendre following his arrest on July 19,
2016, in Arab, Alabama, based on outstanding traffic tickets.
also testified that Legendre had failed to make any payments
toward his court-ordered moneys or his supervision fees and
that Legendre had failed to comply with court orders to
report to a court-referral officer and to complete a
the hearing, the circuit court found that it was reasonably
satisfied that Legendre had violated his probation by failing
to report; by failing to report to a court-referral officer;
and by failing to complete a court-ordered substance-abuse
program. The circuit court revoked Legendre's probation
after finding that Legendre's “failure to report
went to the extent that he would be labeled as an
absconder.” (R. 15.)
appeal, Legendre argues that the evidence was insufficient to
revoke his probation. Section 15-22-54(e)(1), Ala. Code 1975,
states, in pertinent part:
“[W]hen a defendant under supervision for a felony
conviction has violated a condition of probation, other than
arrest or conviction of a new offense or absconding, the
court may impose a period of confinement of no more than 45
consecutive days to be served in the custody population of
the Department of Corrections.”
(Emphasis added.) Legendre argues that aside from
Murrill's attempts to contact him by telephone, the State
failed to offer evidence regarding its efforts to locate him
and that the only evidence offered that he left the state was
hearsay. Thus, Legendre argues, the State failed to offer
sufficient evidence that he was an “absconder, ...