Ex parte Crystal Joetta Wayne.Annotate this Case
Crystal Wayne petitioned the Alabama Supreme Court for review of the Court of Criminal Appeals' decision affirming, by an unpublished memorandum, a circuit court's revocation of Wayne's probation. Wayne was convicted of second-degree manufacturing of a controlled substance, a Class B felony. She was sentenced Wayne to 60 months' imprisonment, which sentence was split, and she was ordered to serve 18 months' imprisonment, followed by 36 months' supervised probation. The circuit court further ordered Wayne to pay $4,799 in various fees and costs. Four months later, Wayne's probation officer filed a delinquency report alleging that Wayne had violated the terms and conditions of her probation by failing to report to her probation officer as directed, by failing to pay supervision fees, by failing to pay court-ordered moneys, and by failing to report to the court referral officer ("CRO"). The Supreme Court granted certiorari review to consider whether Wayne received adequate notice of the State's charge that Wayne had violated her probation by absconding. The Supreme Court determined Wayne's constitutional right to receive written notice of the charges against her was violated insofar as she did not receive notice that absconding was being alleged as a probation violation, and the circuit court exceeded its discretion in revoking her probation on the basis that she had absconded. The Court of Criminal Appeals' was reversed and the matter remanded for further proceedings.