WINDOM, Presiding Judge. The State of Alabama appeals the circuit court's decision to suppress evidence of crack cocaine discovered during a search of Edwin M. Moore's vehicle after Moore was stopped for a traffic violation. For the reasons that follow, this Court reverses the circuit court's order and remands this cause for further proceedings. On January 20, 2012, a Montgomery County grand jury issued an indictment charging Moore with unlawful possession of a controlled substance, see...
JOINER, Judge. D.W.H. was convicted of four counts of first-degree sodomy, see 13A-6-63, Ala. Code 1975. The circuit court sentenced D.W.H. to 204 months' imprisonment on each conviction and ordered that the sentences were to run concurrently. Additionally, the circuit court ordered D.W.H. to pay a $250 crime-victim-compensation assessment and court costs. D.W.H. filed a motion for a new trial, which was denied. This appeal followed. At trial, the State's evidence tended to establish the...
BURKE, Judge. Emmanuel Thomas was convicted of first-degree robbery, a violation of 13A-8-41, Ala.Code 1975, and second-degree assault, a violation of 13A-6-21, Ala. Code 1975. He was sentenced to consecutive terms of 28 years' imprisonment for the robbery conviction and 10 years' imprisonment for the assault conviction. 1 This Court affirmed his convictions on February 22, 2008. 2 See Thomas v. State, (CR-06-1549, February 22, 2008) 21 So.3d 799 (Ala.Crim.App.2008) (table). On March...
BURKE, Judge. On March 18, 2011, Randy Lynn Tennyson was convicted of soliciting a child by computer, a violation of 13A-6-110, Ala. Code 1975, and was sentenced to seven years' imprisonment. Section 13A-6-110, Ala.Code 1975, was repealed by Act No. 2009-745, Ala. Acts 2009, effective May 22, 2009. However, "`the law in effect at the time of the commission of the offense controls the prosecution.'" Stewart v. State, 990 So.2d 441 , 442 (Ala.Crim.App.2008), quoting Davis v. State,...
PER CURIAM. The appellant, Che Dechaune Marks, was convicted of rape in the first degree, a violation of 13A-6-61, Ala.Code 1975, and was sentenced as a habitual felon to life imprisonment without the possibility of parole. In May 2009, I.C., 1 who was then 15 years old dialed a wrong number on her cellular phone and hung up. The number she dialed belonged to Marks. Marks called the number back, identified himself as Chevy and said that he wanted to come to I.C.'s apartment. I.C. said...
