Chase Andrew Dunn v. State of Alabama
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REL: 09/05/2014 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0649), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter. ALABAMA COURT OF CRIMINAL APPEALS OCTOBER TERM, 2013-2014 _________________________ CR-12-1223 _________________________ Chase Andrew Dunn v. State of Alabama Appeal from Mobile Circuit Court (CC-10-2119.71) On Remand from the Alabama Supreme Court JOINER, Judge. Chase Andrew Dunn pleaded guilty, on October 14, 2010, to first-degree assault. See ยง 13A-6-20, Ala. Code 1975. The Mobile Circuit Court sentenced Dunn to 10 years' imprisonment and split that sentence, ordering Dunn to serve 2 years in CR-12-1223 prison followed by 3 years' probation. revoked in May 2013, and this Dunn's probation was Court, in an unpublished memorandum, affirmed the revocation of Dunn's probation. See Dunn v. State (No. CR-12-1223, Aug. 23, 2013), ___ So. 3d ___ (Ala. Crim. App. 2013) (table). Dunn then petitioned the Alabama Supreme Court for certiorari review. On June 6, 2014, the Alabama Supreme Court reversed this Court's judgment. Ex parte Dunn, [Ms. 1121506, June 6, 2014] ___ So. 3d ___ (Ala. 2014). In its order revoking Dunn's probation, the circuit court stated that it was "'reasonably satisfied that Mr. Dunn violated the terms and conditions of his probation in that he participated in a burglary that took place on or about January 1, 2012.'" Ex parte Dunn, ___ So. 3d at ___ (quoting the circuit court's order). The Alabama Supreme Court held, however, that the revocation of Dunn's probation on the basis stated by the trial court was erroneous because, the Court held, "'the State failed to present any evidence, other than ... hearsay testimony ..., indicating that [Dunn] had, in fact, committed the alleged [burglary].'" 2 Ex parte Dunn, ___ CR-12-1223 So. 3d at ___ (quoting Goodgain v. State, 755 So. 2d 591, 593 (Ala. Crim. App. 1999)). In accordance with the directions of the Alabama Supreme Court, we reverse the circuit court's order revoking Dunn's probation, and we remand the case to the circuit court for proceedings consistent with the Alabama Supreme Court's opinion in Ex parte Dunn, supra. REVERSED AND REMANDED. Windom, P.J., and Welch, Kellum, and Burke, JJ., concur. 3
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