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Kinchlow v. State3/26/2004
The appellant, Charles Gianni Kinchlow, appeals from the circuit court's revocation of his probation. The record reveals that on October 25, 2001, Kinchlow pleaded guilty to six drug offenses; four of those offenses were felony offenses and two were misdemeanor offenses. In case no. CC-98- 1215.01, Kinchlow pleaded guilty to unlawful distribution of a controlled substance (cocaine), a violation of § 13A-12-211, Ala.Code 1975. He was sentenced to 12 years' imprisonment; that sentence was suspended and he was placed on 5 years' supervised probation. In case no. CC-98-1215.02, Kinchlow pleaded guilty to second-degree unlawful possession of marijuana, a misdemeanor, in violation of § 13A-12-214, Ala.Code 1975. He was sentenced to 12 months' imprisonment; that sentence was suspended and he was placed on 12 months' supervised probation. In case no. CC-99-192.01, Kinchlow pleaded guilty to unlawful distribution of a controlled substance (cocaine), a violation of § 13A-12-211, Ala.Code 1975. He was sentenced to 12 years' imprisonment; that sentence was suspended and he was placed on 5 years' supervised probation. In case no. CC-99-192.02, Kinchlow pleaded guilty to unlawful possession of a controlled substance (cocaine), a violation of § 13A-12-212, Ala.Code 1975. He was sentenced to 10 years' imprisonment; that sentence was suspended and he was placed on 5 years' supervised probation. In case no. CC-99-552.01, Kinchlow pleaded guilty to unlawful possession of a controlled substance (cocaine), a violation of § 13A-12-212, Ala.Code 1975. He was sentenced to 10 years' imprisonment; that sentence was suspended and he was placed on 5 years' supervised probation. In case no. CC-99-552.02, Kinchlow pleaded guilty to second-degree unlawful possession of marijuana, a misdemeanor, in violation of § 13A-12-214, Ala.Code 1975. He was sentenced to 12 months' imprisonment; that sentence was suspended and he was placed on 12 months' supervised probation. In each case, the court ordered the sentences and probationary terms to run concurrently with the other cases.
On April 8, 2003, Probation Officer Scarlet West filed a delinquency report on Kinchlow. The report alleged that Kinchlow was in violation of the conditions of his probation because he had been charged with four new criminal offenses; the report further alleged that Kinchlow was also in violation of his probation because he had failed to attend the recommended treatment program. The probation officer requested that a probation revocation hearing be conducted.
On August 21, 2003, a probation-revocation hearing was held. At the revocation hearing, the State presented testimony from Officer Kevin Hassell, a narcotics officer with the Etowah County drug and major crimes task force. Officer Hassell testified that on January 9, 2003, while executing a search warrant at 1618 Hillside Drive, he seized two small bags of marijuana from the residence and he personally observed Kinchlow smoking a marijuana cigarette. Kinchlow was arrested and charged with first-degree possession of marijuana. Officer Hassell further testified that on January 22, 2003, he monitored a purchase of crack cocaine from Kinchlow by a confidential informant. Following the controlled purchase, Officer Hassell obtained a search warrant for Kinchlow's residence at 127 Hillside Circle and seized crack cocaine, marijuana, and drug paraphernalia from the residence. Kinchlow was arrested and charged with unlawful distribution of a controlled substance (cocaine), first-degree possession of marijuana, and unlawful possession of drug paraphernalia. The State also presented testimony from Lenesha Freeman, the court referral officer for Etowah County. Ms. Freeman testified that since he was placed on probation, Kinchlow never reported for
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