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Peoples v. State6/29/2001
ircuit court's written order stated as one reason for revoking Peoples's probation the fact that he had been arrested on June 24, 1999, and charged with second-degree robbery. However, a review of the record on appeal reflects that while Peoples was charged with second-degree robbery, he negotiated a plea agreement pursuant to which he agreed to plead guilty to a reduced charge of first-degree theft. Indeed, the State acknowledges that to the extent that the order references only Peoples's arrest for second-degree robbery, rather than his conviction for first-degree theft, the circuit court's order does not adequately state the reasons for this revocation.
Based on the foregoing, we remand this cause to the circuit court for that court to enter a new order reflecting the basis for revoking Peoples's probation, namely, because of his conviction for first-degree theft, and his admission of guilt as to that offense. The circuit court shall take all necessary action to see that the circuit clerk makes due return to this Court at the earliest possible time and within 42 days of the release of this opinion.
REMANDED WITH DIRECTIONS.
McMillan, P.J., and Cobb and Shaw, JJ., concur. Baschab, J., concurs in the result.
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