CRIMINAL – PROBATION REVOCATION: ALLEMAN V. COMMONWEALTH (COA 7/27/2007)

ALLEMAN V. COMMONWEALTH
CRIMINAL:  PROBATION REVOCATION
2006-CA-001605
PUBLISHED: REVERSING AND REMANDING
PANEL: WINE PRESIDING; COMBS, NICKELL CONCUR
COUNTY:  HARDIN
DATE RENDERED: 7/27/2007

The defendant Alleman had accepted the Commonwealth’s offer on a plea of guilty to the charges in exchange for the Commonwealth’s recommendation of a sentence of twelve years, with the sentence probated for five years following his indictment in Hardin County.  The Commonwealth further recommended that this sentence would run consecutively with a prior sentence imposed by the Montgomery Circuit Court. The trial court sentenced Alleman in accord with the Commonwealth’s recommendation, and Alleman was released on probation on November 18, 2004.

On July 29, 2005, the trial court issued an arrest warrant for Alleman, charging him with absconding from supervision. He was arrested on that warrant on November 7, 2005.  Thereafter, Alleman requested a formal probation revocation hearing, which the trial court conducted on June 20, 2006. At the conclusion of the hearing, the trial court revoked Alleman’s probation, finding that Alleman had violated the conditions of his release. Alleman now appeals to this Court. Finding that the trial court failed to make necessary written findings of fact supporting the revocation.  REVERSED and REMANDED.

Alleman argues that the judgment did not specifically set out that he was required to report to the probation and parole offices in both Menifee and Hardin Counties. Therefore, Alleman contends that he was not given adequate notice that his failure to report in Hardin County would violate the terms of his probation.

The Hardin Circuit Court did not enter written findings of the specific conditions which Alleman violated, nor did it detail the evidence in support of this conclusion. This does not meet the Gagnon standard. The failure of the trial court to make written findings of the grounds for revocation is an error which may be corrected by remand.  Accordingly, the order of the Hardin Circuit Court revoking Alleman’s probation is reversed and this matter is remanded to the trial court for written findings of fact.

By Michael Stevens

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