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...
KELLUM, Judge. The appellant, Cornelius Sinclair Surratt, was convicted of rape in the second degree, a violation of 13A-6-62, Ala. Code 1975. The circuit court sentenced Surratt to 12 years' imprisonment and ordered Surratt to pay a $1,000 fine, $100 to the crime victims compensation fund, and court costs. The evidence presented at trial established the following pertinent facts. S.J. was suffering from breast cancer and sent her daughter, J.H., to live with Surratt and Chiquitta Surratt....
JOINER, Judge. AFFIRMED BY UNPUBLISHED MEMORANDUM. WINDOM, P.J., and WELCH and KELLUM, JJ., concur. BURKE, J., concurs specially. BURKE, Judge, concurring specially. I write specially in this case because of the inherent constitutional problems that result from recalling a juror after he or she has been discharged and the principal jurors have retired to deliberate. Rule 18.4(g)(1) provides in part that "[a]n alternate juror who does not replace a principal juror shall be discharged at the...
JOINER, Judge. 1 Anthony Lee ("Tony") Stanley was convicted of capital murder for the intentional murder of Henry Smith by stabbing him during the course of a first-degree robbery, see 13A-5-40(a)(2), Ala.Code 1975. During the penalty phase of Stanley's trial, the jury, by a vote of 8 to 4, recommended that Stanley be sentenced to life imprisonment without the possibility of parole. After receiving a presentence-investigation report and conducting a sentencing hearing, the trial court...
On Remand from the Alabama Supreme Court KELLUM , Judge . 1 The appellant, Jason Michael Sharp, was convicted of murder made capital because it was committed during the course of a rape or an attempted rape. See 13A-5-40(a)(3), Ala.Code 1975. This Court remanded the case for the trial court to amend its sentencing order to include written findings as to the aggravating and mitigating circumstances. On return to remand, this Court affirmed Sharp's conviction and death sentence. See...
JOINER, Judge. 1 Casey A. McWhorter appeals the circuit court's denial of his petition for postconviction relief filed pursuant to Rule 32, Ala. R.Crim. P. We affirm. In March 1994, McWhorter was convicted of capital murder in connection with the death of Edward Lee Williams because it was committed during the course of a first-degree robbery. See 13A-5-40(a)(2), Ala.Code 1975. Following the penalty phase, the jury, by a vote of 10-2, recommended that McWhorter be sentenced to death. The...
