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STOKLEY v. STATE10/31/1997
his Court." McDaniel, at 239.
In the present case, the circuit court did not perform any review of the district court's order at all. The circuit court did not affirm, remand, or reverse the district court's action. Based on our decision in McDaniel, the circuit court should have conducted a limited review, in the nature of certiorari, of the district court's action and determined whether the order of probation revocation "was supported by any substantial evidence or whether findings and conclusions are contrary to uncontradicted evidence, or whether there was an improper application of the findings viewed in a legal sense." See Ellard v. State, 474 So.2d 743, 750 (Ala.Cr. App. 1984), aff'd, 474 So.2d 758 (Ala. 1985).
Accordingly, the judgment of the circuit court is reversed and the case remanded. The circuit court is directed to conduct a certiorari review of the district court's revocation of probation. If, after the appropriate review, the circuit court finds that the district court's action was proper, then it may "affirm" the action of the trial court and deny the appellant's appeal.
REVERSED AND REMANDED.
All the Judges concur.
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