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Johnson v. Boyington

The orders revoking defendant's probation in four cases were sufficient for both the appellate courts and defendant to ascertain the trial court's basis for revoking his probation.

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This appeal arises from the grant of habeas corpus relief to appellee Aldean Boyington with regard to the 1997 revocation of his probation. We conclude that the habeas court incorrectly concluded that Boyington’s probation revocation was not sufficiently supported by a written statement evidencing the reasons relied upon in revoking probation. Therefore, we reverse.

When Boyington was convicted of burglary in 1985, he was granted first offender status and received a ten year probated sentence. After two probation revocation proceedings, in which Boyington’s first offender status remained intact, Boyington was found guilty in January 1988 of theft by taking, and was sentenced to three and a half years confinement for the 1985 burglary, followed by eleven and a half years probation, as calculated from his 1985 conviction. In 1986, Boyington was found guilty of a separate incident of theft by taking, and was given twelve months probation, to run consecutively to any previously imposed sentence. In February 1988, Boyington was given a consecutive ten year probated sentence for robbery by sudden snatching. In 1990 Boyington pled guilty to aggravated assault and trespass; he was sentenced to one year incarceration and ten years probation.

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