Bartlett v. State10/19/2005
On March 22, 1989, the petitioner entered a plea of guilty to one count of aggravated assault in case number 009-89 in the Lincoln County Circuit Court. The trial court imposed a two-year sentence to be served in the local jail. The trial court granted probation on January 4, 1990. Less than one month later, the petitioner was arrested in Coffee County and charged with driving under the influence and driving on a cancelled license. On March 25, 1990, the petitioner was charged in Coffee County with reckless driving, driving on a cancelled license, and failure to yield to blue lights. On the following day, the petitioner was charged in Moore County with two counts of burglary, driving on a suspended license, killing a deer out of season, carrying a weapon with the purpose of going armed, public drunkenness, and hunting deer with the aid of an artificial light. On March 28, 1990, the petitioner was charged in Lincoln County with two counts of theft. On the following day, the petitioner failed to appear in the Coffee County General Sessions Court on the initial charges in that county. Four days after he failed to appear, the petitioner was charged in Lincoln County with failure to yield to blue lights, driving on a revoked license, and reckless endangerment.
On April 4, 1990, a probation violation warrant was filed in Lincoln County, wherein it was alleged that the petitioner had violated the terms of his probation by violating probation rule number 6, requiring him to report "all arrests, including traffic citations," and rule number 10, requiring him to obey all federal and state laws as well as local ordinances. The officer's return indicates that the petitioner was arrested on either April 5 or 6, 1990. On May 25, 1990, the petitioner, who had apparently been released in the interim, was again arrested in Lincoln County and later indicted for nine counts of burglary, four counts of theft over $1000, and one count of arson. A probation violation report and amended warrant was filed on July 10, 1990. The warrant includes allegations that the petitioner was to be arraigned on those charges on June 8, 1990, but had escaped from the Lincoln County jail two days earlier. According to the amended warrant, Moore County, Coffee County, Madison County, and the State of Alabama had all filed detainers against the petitioner.
In October of 1990, the petitioner was indicted for one count of theft over $1000 in case number 283-90, one count of theft over $1000 in case number 284-90, one count of theft over $1000 in case number 285-90, one count of theft over $10000 in case number 286-90, and one count of escape in case number 287-90. On November 15, 1990, the petitioner entered guilty pleas to four counts of theft over $1000 stemming from the October indictments. He also pled guilty to the probation violation on the same day. The trial court imposed consecutive four-year sentences for the theft convictions. An order revoking the petitioner's probation was filed on December 4, 1990. Another order, filed one week later provided that the remainder of the petitioner's two-year sentence was to be served "concurrently with all other cases in Lincoln and Moore Counties."
Some two years later, the trial court granted the petitioner's motion requesting probation and ordered that the petitioner serve the balance of his entire sentence "on the Community Corrections Program." On November 1, 1994, a probation violation warrant was filed wherein it was alleged that the petitioner violated the terms of his probation by being convicted of DUI, driving on a revoked license, five counts of reckless driving, and evading arrest. The trial court revoked probation and ordered the petitioner to serve the balan
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