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Borst v. State

Donald Ulrich Borst v. State

Borst v. State, 377 So. 2d 3 (Ala. Crim. App. 1979)
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Court
Court of Criminal Appeals of Alabama · State Appellate Courts
Decided
November 20, 1979
Judges
Tyson
Citations
377 So. 2d 3

Opinion — Tyson

Appellant was convicted on July 14, 1978, on three charges of altering or preventing the action of electric meters in violation of § 13-2-81, Code of Alabama , 1975. He was sentenced to terms of thirty days, sixty days, and eighty days imprisonment in the county jail, and fines of $50.00 and $70.00, *Page 4 with the execution of the sentence suspended for one year.

On April 5, 1979, the district attorney moved to revoke appellant's informal probation. After notice and a hearing on May 18, 1979, the trial court granted the motion to revoke probation and set aside the suspension of sentence. From said revocation of probation, appellant prosecutes this appeal.

A thorough review of the record reveals that there is no "written statement by the trial judge as to the evidence relied on and reasons for revoking probation," as required by Armstrong v. State , 294 Ala. 100 , 312 So.2d 620 (1975). Therefore, this case is reversed and remanded on authority of Armstrong v. State , supra; and Austin v. State , Ala.Cr.App., 375 So.2d 1295 (1979).

REVERSED AND REMANDED.

All the Judges concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1980: 21981: 11984: 21990: 119802026peak 1980 · 2

Relies on it most ⓘ

  1. Free v. State392 So. 2d 857 (Ala. Crim. App. 1980)
  2. Smith v. State445 So. 2d 573 (Ala. Crim. App. 1984)
  3. Taylor v. State405 So. 2d 55 (Ala. Crim. App. 1981)
  4. Roberson v. State572 So. 2d 1323 (Ala. Crim. App. 1990)
  5. King v. State451 So. 2d 367 (Ala. Crim. App. 1984)
  6. Harden v. State396 So. 2d 1076 (Ala. Crim. App. 1980)

Most recent

  1. Roberson v. State572 So. 2d 1323 (Ala. Crim. App. 1990)
  2. Smith v. State445 So. 2d 573 (Ala. Crim. App. 1984)
  3. King v. State451 So. 2d 367 (Ala. Crim. App. 1984)
  4. Taylor v. State405 So. 2d 55 (Ala. Crim. App. 1981)
  5. Free v. State392 So. 2d 857 (Ala. Crim. App. 1980)
  6. Harden v. State396 So. 2d 1076 (Ala. Crim. App. 1980)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Armstrong v. State, 312 So. 2d 620 (Ala. 1975) 367
Austin v. State, 375 So. 2d 1295 (Ala. Crim. App. 1979) 10

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