Denied October 25, 2019.
from DeKalb Circuit Court (CC-10-812.70; CC-10-813.70;
[Copyrighted Material Omitted]
Anthony Jennings, Jr., Fort Payne, for appellant.
Marshall, atty. gen., and Jack W. Willis, asst. atty. gen.,
Lee Pope appeals the circuit court's judgment revoking
his community-corrections sentence and ordering him to serve
his sentence in incarceration. For the reasons set forth
herein, we affirm.
and Procedural History
we can determine from the limited record before us, it
appears that Pope pleaded guilty in April 2013 to
second-degree unlawful manufacture of a controlled substance,
a violation of § 13A-12-217, Ala. Code 1975; unlawful
possession of a controlled substance, a violation of §
13A-12-212, Ala. Code 1975; and unlawful possession of drug
paraphernalia, a violation of § 13A-12-260, Ala. Code
1975. The circuit court sentenced Pope to 20 years'
imprisonment for the manufacturing conviction, 20 years'
imprisonment for the possession-of-a-controlled-substance
conviction, and 12 months in the county jail for the
possession-of-drug-paraphernalia conviction, the sentences to
be served concurrently. The circuit court ordered Pope to
serve his sentences in the DeKalb County
community-corrections program, and, as a condition of his
participation in the community-corrections program, Pope was
required to "[t]otally abstain from the consumption of
alcoholic beverages and controlled substances" and to
"[s]ubmit to substance abuse tests [at the
court-referral office (`the CRO')] when ordered to do
so." (C. 35.)
following procedural history is undisputed. In September 2013
and November 2014, Pope's urine sample tested positive
for amphetamines, and Pope was sanctioned with jail time for
each failed test. In April 2015, Pope's urine sample
tested positive for alcohol, which Pope admitted to
consuming, and the circuit court ordered Pope to serve 60
days in jail.
July 2015 and June 2016, Pope's urine sample tested
positive for amphetamines on four separate occasions. On each
occasion, Pope denied using amphetamines and requested a
confirmation test from Laboratory Corporation of America
("LabCorp"), and each time the test results were
"sent out for confirmation" and "came back
negative." (C. 8.)
January 2017, Pope's urine sample tested positive for
amphetamines, and Pope again denied using amphetamines and
requested a confirmation test from LabCorp, which
"returned [positive] for Meth." (C. 9.) Although
Pope's community-corrections sentence was set for
revocation at that time because he had failed four urine
screens, the State agreed to allow Pope to enter a
substance-abuse program instead of revoking his
community-corrections sentence. Pope attended the
substance-abuse program and subsequently returned to the
program, but between July 2017 and February 2018, Pope's
urine sample tested positive for amphetamines on three
separate occasions. However, on each occasion Pope denied
using amphetamines and requested a confirmation test from
LabCorp, and each time the confirmation test was negative.
According to Pope, "[i]n a meeting on March 9, 2018, to
discuss this series of false-positive results, the `drug
court team' decided to perform a hair ...