from Cullman Circuit Court (CC-16-52, CC-16-372, and
Alan Mead appeals the Circuit Court's order revoking his
probation. On October 28, 2016, Mead pleaded guilty to three
counts of first-degree theft of property, see §
13A-8-3, Ala. Code 1975. He was initially sentenced to 84
months' imprisonment; that sentence was split, and Mead
was to serve 15 months' imprisonment followed by 5
years' supervised probation. Mead did not appeal his
convictions and sentence.
began serving the probationary period of his sentence on
September 22, 2017. On December 15, 2017, Mead's
probation officer, Shannon Hale, filed a delinquency report
alleging that Mead had violated the terms and conditions of
his probation. Specifically, the report alleged that Mead:
(1) had committed the new offense of second-degree domestic
violence, see § 13A-6-131, Ala. Code 1975, and
(2) had failed to report as directed. As a result of the
delinquency report, Mead was arrested on December 27, 2017.
March 14, 2018, the circuit court conducted a
probation-revocation hearing at which Mead was present and
represented by counsel. During that hearing, the State
presented testimony from only Deputy Chris Cahoon with the
Cullman County Sheriff's Office.
Cahoon testified that, on December 1, 2017, he was dispatched
to the Cullman Regional Medical Center concerning a possible
"domestic disturbance." (R. 6-7.) When he arrived
at the hospital, Deputy Cahoon stated, he spoke with the
nurses who told him that a woman had been brought to the
hospital with "extreme road rash and trauma to her
head." (R. 7-8.) Deputy Cahoon further testified that,
according to the nurses, the woman had said that she had been
"pushed from a vehicle." (R. 8.)
light of that information, Deputy Cahoon decided to speak
with the victim whom he identified as Lisa McClendon.
According to Deputy Cahoon, McClendon was initially afraid to
tell him what happened. She later told him, however, that,
earlier that day she had borrowed Mead's truck and had
failed to return it at the time he had told her to do so.
McClendon also told him that, when she eventually returned
the truck to Mead, he was "highly irate," which led
to an argument. (R. 8-9.)
Cahoon also testified that McClendon had told him that, at
some point, Mead's father, who lived across the street
from Mead, told Mead to take McClendon home. McClendon told
Deputy Cahoon that, as they drove down County Road 1545, Mead
reached over, opened the truck door, and pushed McClendon out
onto the roadway. After that happened, McClendon told Deputy
Cahoon that Mead's father picked her up, drove her to the
hospital, and then left. Deputy Cahoon testified that, when
he interviewed her, McClendon had a massive wound on the top
of her head that, he said, looked like a "gunshot
wound." (R. 9.) He further stated that she had a rash
all down her face and down the side of her body.
speaking with McClendon, Deputy Cahoon contacted her
stepmother, Linda, to ask if she could pick up McClendon from
the hospital. When she arrived, Linda told Deputy Cahoon that
Mead had telephoned her earlier that evening and that he had
been irate and screaming about McClendon having his truck.
Deputy Cahoon testified that Linda had told him that she was
"scared that when [McClendon]--if she showed back up
that ... harm would come to her, and it wouldn't be the
first time that [Mead and McClendon] had been in a physical
domestic situation." (R. 10.)
Cahoon testified that, following that conversation, he made
contact with Mead at an address off County Road 1545 and
arrested him for second-degree domestic violence. According
to Deputy Cahoon, as he was driving Mead to the county jail,
Mead told him that McClendon was the one who had opened the
door and jumped out of the truck.
the State rested its case, Mead's defense counsel
objected to the State's use of hearsay to satisfy its
burden of proof. That objection was overruled. Mead did not
offer any evidence or testimony in his own defense.
hearing the above testimony from Deputy Cahoon, the circuit
court found that it was reasonably satisfied that Mead had
violated the terms and conditions of his probation by
committing the new offense of second-degree domestic violence
and by failing to report as directed. The court revoked
Mead's probation and ordered him to serve his original
sentence of 84 months' imprisonment with credit for time
served. Thereafter, Mead filed a timely notice of appeal.
argues that the circuit court lacked the authority to revoke
his probation for "failing to report as directed."
(Mead's brief, pp. 9-11.) Specifically, Mead argues that,
before his probation officer filed her delinquency report
against him in December 2017, he had never received a copy of
the "Order of Probation" containing the terms and
conditions of his ...