State of Alabama 
Unified Judicial System 
  
Form CR-63B  Rev.5/2010

Order on Defendant's Petition for Resentencing   
Pursuant to §15-22-54.1/Act 2010-753 
(Technical Violation of Probation)

Case Number 
   
  ___C  20____-_________.1

  
In the ______________________________ Court of __________________________________________, Alabama 
 
  
          State of Alabama v. ________________________________________________________, Defendant.

            (Circuit or District)                                                              

(Name of County) 

 

 

WHEREAS, the above-named defendant has petitioned this Court for resentencing under Act 2010-753 codified at §15-22-54.1, 

This Court has jurisdiction pursuant to §15-22-54.1, Code of Alabama (1975).  The petitioner meets all of  
the following criteria required by the statute:    

  
   
  Code of Alabama (1975),  and said law entitles  eligible offenders to be resentenced upon filing of a petition for modification of sen- 
  tence to the sentencing court; and whereas the Court has received and reviewed the petition of the defendant, the Court  
  finds that (check one): 
                           
 
 
 
 
 
 
 
  
 
    
 
   
  
 

1.  The petitioner is nonviolent offender; 
2.  The petitioner was sentenced by this Court; 
3.  The petitioner had successfully completed the terms of probation, including remaining current on payment 
      of court ordered money, for a consecutive six (6) month period; 
4.  Probation was thereafter revoked, and the petitioner is currently serving a prison sentence  
      based on revocation of probation;  
5.  The revocation of probation was based on only technical violations; 
6.  The petitioner has had no disciplinary infractions while serving the sentence in the penitentiary; and 
7.  The petitioner has no pending charges or convictions for a new offense. 

 
 
     
 
 
 
 
 
 
 
 
 

 
 
 
 
 
 
 
 
 

Thus, the petition is granted and the petitioner is entitled to be resentenced. 
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____________________________________________________________ 
____________________________________________________________ 

 
 
 

 

 

 
This Court does not have jurisdiction pursuant to §15-22-54.1, Code of Alabama (1975).  The petitioner 
does not meet one or any of the following eligibility requirements required by the statute (check all that apply):  

The petitioner has been convicted of a violent offense; 
The petitioner was not sentenced by this Court; 
The petitioner had not successfully completed the terms of probation for a consecutive six (6) month period 
under the current sentence; 
The petitioner has not remained current on payment of court ordered money; 
The petitioner is currently serving a prison sentence based on a reason other than revocation of probation;  
The revocation of probation was based on violations other than technical violations; 
The petitioner has had disciplinary infractions while serving the sentence in the penitentiary; or 
The petitioner has pending charges or convictions for a new offense. 

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Thus, the petition is denied. 

DONE AND ORDERED on this the _______ day of ________________________, 20____. 

 
 

 
 

 
 

 
 

 
 

 
 

_____________________________________________ 
Circuit/District Judge