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Attaway v. State

9/27/2002

ion to revoke Attaway's probation. Thus, the order was insufficient to comply with the requirements of Rule 27.6(f), Ala.R.Crim.P., and Armstrong v. State. Indeed, even the State acknowledges that the circuit court's revocation order is deficient because it failed to refer to the specific evidence that led the court to conclude that there was "sufficient proof" to revoke probation.


Based on the foregoing, we remand this cause to the circuit court for that court to enter a new order reflecting the evidence relied upon, as well as the reason or reasons for revoking Attaway's probation. 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 Baschab, JJ., concur. Shaw, J., concurs in the result.




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