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Jacobs v. State

Alabama Court of Criminal Appeals

July 12, 2019

Robert Lee JACOBS
v.
STATE of Alabama.

         Rehearing Denied September 13, 2019.

         Appeal from Madison Circuit Court (CC-16-3994.71).

Page 821

          Ronald W. Smith, Huntsville, for appellant.

          Steve Marshall, atty. gen., and P. David Bjurberg, asst. atty. gen., for appellee.

         KELLUM, Judge.

         The appellant, Robert Lee Jacobs, appeals from the circuit court's revocation of his probation.

         The record indicates that in February 2017 Jacobs was convicted of robbery in the third degree, see § 13A-8-43, Ala. Code 1975. The circuit court sentenced Jacobs to 173 months' imprisonment; that sentence was split, and Jacobs was sentenced to 18 months' imprisonment followed by 3 years' supervised probation.

         On August 21, 2018, Jacobs's probation officer filed a delinquency report alleging that Jacobs had violated the terms and conditions of his probation following his arrest on a new criminal charge of theft of property in the first degree. Jacobs's probation officer also alleged Jacobs violated the terms and conditions of his probation by failing to complete the Alabama Certain Enforcement Supervision Program (hereinafter the "ACES program") as ordered by the circuit court. Based on Jacobs's violations, the probation officer recommended that the circuit court fully revoke Jacobs's probation.

         On October 10, 2018, the circuit court conducted a probation-revocation hearing at which Jacobs was represented by counsel. At the conclusion of the hearing, the circuit court found that the State did not present sufficient evidence that Jacobs had committed a new criminal offense. The court, however, entered an order on October 10, 2018, revoking Jacobs's probation based on his failure to successfully complete the ACES program. The circuit court ordered Jacobs serve the balance of his 173-month sentence in the custody of the Alabama Department of Corrections.

         Jacobs filed a timely motion to reconsider in which he argued, among other things, that the circuit court erred by revoking his probation "for a period of longer than 45 days under [§ 15-22-54(e)(1), Ala. Code 1975]." (C. 23.) The circuit court denied the motion to reconsider; this appeal followed.

         Jacobs's sole contention on appeal is that the circuit court erred when it fully

Page 822

revoked his probation after the court found that the State had failed to prove that Jacobs violated his probation by committing a new criminal offense. Specifically, Jacobs contends that the circuit court could not fully revoke his probation based on "a mere arrest or filing of charges" but "could only give [him] a 45-day `dunk' based on the technical violation." (Jacobs's brief, p. 14.) The State argues on appeal that "an allegation of a new arrest or conviction or an allegation ...


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