On Application for Rehearing JOINER , Judge . This Court's opinion issued on February 6, 2015, is withdrawn, and the following opinion is substituted therefor. Diontez Jamel Moore appeals his probation revocation. We reverse and remand. In August 2008, Moore was indicted for murder, see 13A-6-2, Ala.Code 1975, and, after he pleaded guilty, Moore was sentenced to 20 years' imprisonment; that sentence was split, and he was ordered to serve 5 years' imprisonment followed by 5 years'...
WINDOM , Presiding Judge . AFFIRMED BY UNPUBLISHED MEMORANDUM. KELLUM and BURKE, JJ., concur. JOINER, J., concurs in part and concurs in the result, with opinion. WELCH, J., joins in special writing. JOINER , Judge , concurring in part and concurring in the result. I concur in the rationale in part and concur in the result of this Court's unpublished memorandum affirming the Montgomery Circuit Court's decision to revoke Richard Cintron's probation. Specifically, with regard to Part I of...
KELLUM , Judge . The opinion issued on September 5, 2014, is withdrawn, and the following opinion is substituted therefor. The State of Alabama appeals the circuit court's order granting Louis Christopher Mangione's petition for postconviction relief filed pursuant to Rule 32, Ala. R.Crim. P. In November 1995, Mangione was convicted of one count of capital murder and one count of intentional murder in connection with the murder of Vicki Deblieux. Mangione was 16 years old at the time of...
JOINER , Judge . William Bruce Marshall, an inmate on death row, appeals the Jefferson Circuit Court's summary dismissal, in part, and denial, in part, of his Rule 32, Ala. R.Crim. P., petition for postconviction relief. We affirm. Facts and Procedural History In 2005, Marshall was convicted of two counts of capital murder for the killing of his stepdaughter, Alicia Nicole Bentley—one count of murder made capital because it occurred during a burglary, see 13A-5-40(a)(4), Ala.Code...
WINDOM , Presiding Judge . Calvin L. Stallworth, currently an inmate on Alabama's death row at Holman Correctional Facility, appeals the circuit court's denial of his petition for postconviction relief filed pursuant to Rule 32, Ala. R.Crim. P. In October 1998, Stallworth was convicted of two counts of capital murder for murdering Nancy Dukes and Linda Morton during the course of a robbery. The jury, by a vote of 10 to 2, recommended that Stallworth be sentenced to death. The circuit court...
KELLUM , Judge . The appellant, Eric Devon Johnson, appeals his conviction for murder, see 13A-6-2, Ala.Code 1975. The circuit court sentenced Johnson to life imprisonment and ordered him to pay $50 to the crime victims compensation fund, $8,617.43 in restitution, and court costs. Johnson and his brother, Ellis Andrel Diggs, were tried jointly for the murder of Garry Blackwell. 1 The record indicates the following pertinent facts. On February 4, 2012, Blackwell was operating an...
PER CURIAM . The appellant, Freddie L. Clark, was convicted of one count of unlawful distribution of a controlled substance, a violation of 13A-12-211, Ala.Code 1975. The circuit court sentenced Clark as a habitual felony offender with three prior felony convictions to a total of 30 years' imprisonment: 20 years' imprisonment for the unlawful-distribution conviction plus a 5-year enhancement pursuant to 13A-12-250, Ala.Code 1975, because the offense took place within a 3-mile radius of a...
BURKE , Judge . Robert Carroll, Jr., appeals from the circuit court's denial of his petition for a writ of habeas corpus. On or about October 22, 2012, Carroll filed a petition for a writ of habeas corpus in St. Clair County, arguing that he was being illegally held by the Alabama Department of Corrections ("the DOC") because his sentences had already expired. Specifically, Carroll stated that when he pleaded guilty in Calhoun Circuit Court to cases no. CC-09-358, no. CC-09-359, no. CC-09-...
On Remand from the Alabama Supreme Court JOINER , Judge . Chase Andrew Dunn pleaded guilty, on October 14, 2010, to first-degree assault. See 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 prison followed by 3 years' probation. Dunn's probation was revoked in May 2013, and this Court, in an unpublished memorandum, affirmed the revocation of Dunn's probation. See Dunn v. State (No....
BURKE , Judge . Marqueze Taron Smith was convicted of two counts of murder made capital because the murder was committed during a kidnapping in the first degree or an attempt thereof, see 13A-5-40(a)(1), Ala.Code 1975, and because the murder was committed during a robbery in the first degree or an attempt thereof, see 13A-5-40(a)(2), Ala.Code 1975. The jury, by a vote of 11 to 1, recommended that Smith be sentenced to death. The trial court followed the jury's recommendation and...
On Remand from the Alabama Supreme Court JOINER , Judge . Natasha Rae Lee and codefendants Justin Andrew Bailey and Jennifer Leigh Clayton filed separate motions to suppress the evidence seized from two separate warrantless searches of their apartment on January 7, 2011, and January 28, 2011, as well as searches of their person on January 28, 2011. The Montgomery Circuit Court granted the motions. The State appealed. On rehearing, this Court in State v. Lee, [Ms. CR-11-1865, Oct. 4,...
BURKE , Judge . Michael David Carruth was convicted of four counts of capital murder in connection with the death of 12-year-old William Brett Bowyer. The murder was made capital (1) because it was committed during the course of a kidnapping in the first degree, see 13A-5-40(a)(1), Ala.Code 1975; (2) because it was committed during the course of a robbery in the first degree, see 13A-5-40(a)(2), Ala.Code 1975; (3) because it was committed during the course of a burglary in the first...
JOINER, Judge. Lakwajame Savatae Richards was charged by indictment with second-degree assault, see 13A-6-21, Ala.Code 1975. On June 10, 2013, Richards filed a pretrial motion to suppress "the statements provided by [Richards] to the Montgomery Fire Department as well as the Montgomery Police Department." (C. 17.) Specifically, Richards argued in his motion to suppress that he "was questioned by the Montgomery Fire Department pursuant to an ongoing criminal investigation which allegedly...
KELLUM , Judge . The appellant, Stacy David Trimble, was indicted for attempted murder, a violation of 13A-4-2 and 13A-6-2, Ala.Code 1975. Following a jury trial, Trimble was convicted of the lesser-included offense of assault in the first degree, a violation of 13A-6-20, Ala.Code 1975. The circuit court sentenced Trimble, as an habitual felony offender, to life imprisonment. The circuit court further ordered Trimble to pay $50 to the crime victims' compensation fund and court costs....
WELCH, Judge. On August 6, 2003, Timothy Alan Burt was convicted of first-degree sexual abuse and sentenced to prison. At some point Burt was released from prison. On August 5, 2010, a two-count indictment was returned charging him in circuit court case CC-10-1797 with violating his duty under the then in effect "Community Notification of Released Convicted Sex Offenders" Act, (also known as the "Community Notification Act," i.e., "the CNA"), 15-20-20 through -38, Ala.Code 1975, to file...
WELCH , Judge . Jerry B. Hankins was charged with three counts of unlawful distribution of controlled substances, a violation of 13A-12-211(a), Ala.Code 1975, and three counts of trafficking in illegal drugs, a violation of 13A-12-231(3)(d), Ala.Code 1975. 1 Hankins filed a pretrial motion to dismiss these charges on the grounds that he is a licensed medical physician with credentials and proper legal authority to dispense prescriptions for the controlled substances that are the basis...
On Remand from the Alabama Supreme Court WELCH, Judge. In accordance with the Alabama Supreme Court's opinion in Ex parte Pate, [Ms. 1111448, July 3, 2013] 145 So.3d 733 (Ala.2013), we reverse the trial court's judgment and remand this case to the trial court for proceedings consistent with that opinion. REVERSED AND REMANDED. BURKE and JOINER, JJ., concur. WINDOM, P.J., and KELLUM, J., recuse themselves.
On Return to Remand * PER CURIAM. Samuel Brown appeals the revocation of his split sentences imposed by the Montgomery Circuit Court. On June 15, 2000, Brown pleaded guilty to four counts of first-degree burglary, see 13A-7-5, Ala. Code 1975; four counts of third-degree burglary, see 13A-7-7, Ala.Code 1975; four counts of first-degree theft of property, see 13A-8-3, Ala.Code 1975; three counts of second-degree theft of property, see 13A-8-4, Ala.Code 1975; one count of third-...
WELCH, Judge. Kenneth Thomas Hicks appeals the circuit court's decision to revoke his probation. Hicks pleaded guilty on August 16, 2011, to first-degree rape and first-degree sexual abuse of a child under the age of 12. See 13A-6-61 and 13A-6-69.1, Ala. Code 1975. He was sentenced to 20 years' imprisonment for each conviction. The sentences were split, and Hicks was ordered to serve 18 months in prison followed by 5 years' probation. While Hicks was serving the probationary portions of...
JOINER, Judge. Donald Richard Day appeals his conviction for second-degree sexual abuse, see 13A-6-67(a)(2), Ala.Code 1975. For the reasons stated below, we reverse and remand. By way of an indictment the State charged that Day, "being sixteen years of age or older, did knowingly subject [J.L.S.], who at the time was less than twelve years of age, to sexual contact, to-wit: fondling her vagina with his hands, in violation of 13A-6-66(a)(3) of the Code of Alabama." 1 (C. 22.) After the...
