Ex parte Walter McGowan.Annotate this Case
The Alabama Supreme Court granted certiorari review to determine whether the Court of Criminal Appeals erred in affirming a trial court's revocation of Walter McGowan's probation. Probation arose from McGowan's conviction on burglary, assault, obstruction of justice and escape. Before the Court of Criminal Appeals, McGowan asserted that his sentences -- 15 years, split to serve 5 years in prison followed by 2 years' probation -- were illegal sentences because they did not comply with section 15- 18-8(a)(1) or (b), Ala. Code 1975. McGowan argued that, because his split sentences were unauthorized, the trial court had lacked subject-matter jurisdiction to conduct a revocation hearing and to enter an order revoking his probation. Citing Enfinger v. Alabama, 123 So. 3d 535 (Ala. Crim. App. 2012), McGowan argued that, because the trial court had lacked jurisdiction, the probation-revocation order was due to be vacated. The Supreme Court concurred with this reasoning: the trial court was without jurisdiction to conduct probation-revocation proceedings and to enter the probation-revocation order. Therefore, the Court reversed the Court of Criminal Appeals' judgment and remanded the case for further proceedings.