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Williams v. State6/25/2004
The appellant, Michael Todd Williams, appeals from the trial court's revocation of his probation. The record reveals that Williams was convicted of one count of unlawful possession of a controlled substance and one count of unlawful distribution of a controlled substance. The trial court sentenced Williams to 15 years' imprisonment for the possession conviction and to 20 years' imprisonment for the distribution conviction; the sentences were split, and he was ordered to serve the mandatory term of 3 years' imprisonment on each conviction with the balance of the sentences to be served on supervised probation.
On November 10, 2003, the appellant's probation officer filed a delinquency report, alleging that Williams had failed to comply with the conditions of his probation, namely, that he had been charged with two new offenses. [FN1] The delinquency report also alleged that Williams had failed to pay court-ordered moneys and supervision fees.
On February 19, 2004, a probation-revocation hearing was conducted. At the revocation hearing, the State presented testimony from Dewayne Lewis, a gas line installer for Miller Pipe Line Corporation. Lewis testified that he was operating a jackhammer on 9th Court North on October 28, 2003, when he saw Williams walking behind the residence of Tashema Warren, the victim. Williams walked back and forth across the street to Warren's house several times. Lewis stated that Williams was carrying a large object and what appeared to be a Sony PlayStation video game player away from the rear of the house. Later, when Warren arrived at her house, she became very upset, and Lewis learned that her house had been burglarized.
Warren testified that on October 28, 2003, she entered her house and noticed that the bathroom window in the back of her house had been knocked out and that the back door was open. Warren stated that her son's PlayStation, a number of video games, and all of her jewelry had been taken, along with some other items she could not specifically recall. Warren reported the crime to the police, who began an investigation.
Several hours later, Lewis informed Warren that he had seen a man behind her house leaving with what appeared to be a television and a PlayStation. The police returned to talk to Lewis; Lewis later participated in a one-man "show-up" identification, during which Lewis positively identified Williams as the man he had seen behind Warren's house.
Warren testified that several days after the theft, when Williams had been released from custody, he came to her door and offered to replace all of the property that had been stolen from her if she would agree to call the detective investigating the case and tell him that Williams was not the individual who had burglarized her house. Warren told Williams that the matter was not in her control. Several days later, Williams asked Warren if she had talked to the detective. Warren stated that she had not.
In his defense, Williams called Michael Tolbert, who testified that he talked to Williams at his house on the afternoon of the alleged crime. Williams was trying to sell Tolbert a combination radio/compact disc player. Once Tolbert determined that the compact disc player did not function, he told Williams he was not interested in buying the item. Even though he had previously told police that Williams had tried to sell him some "electronic equipment," Tolbert denied that Williams had a PlayStation or that Williams had attempted to sell him a PlayStation during this visit.
*2 Based on the evidence presented, the circuit court found that Williams had violated the conditions of his probation, and it revoked his probation and reinstated the original sentence.
On appeal, Williams argues: (1) that his constitutional rights were violated
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