Goodson v. State

588 So. 2d 509, 1991 WL 44529
Court of Criminal Appeals of Alabama·Decided October 18, 1991·No. CR 89-1291·Published·Cited by 22 cases

Opinion

588 So.2d 509 (1991)

Marvin GOODSON
v.
STATE.

CR 89-1291.

Court of Criminal Appeals of Alabama.

March 1, 1991.
Rehearing Denied April 26, 1991.
Certiorari Quashed October 18, 1991.

*510 Joseph J. Gallo, Dothan, for appellant.

Don Siegelman, Atty. Gen., and Norbert H. Williams, Asst. Atty. Gen., for appellee.

Alabama Supreme Court 1901212.

TAYLOR, Judge.

Appellant Marvin Goodson was convicted of the unlawful distribution of a controlled substance, cocaine, a violation of § 13A-12-211, Code of Alabama 1975. He was sentenced to 15 years in prison.

The state's evidence tended to show that in late June 1988, the Dothan Police Department and an Alabama Alcoholic Beverage Control Board agent, Robert Chambers, were conducting an investigation into drug activity in the Dothan area. Chambers first saw an individual, whom he identified at trial as Goodson, in the front yard of a residence on Toad Street in Dothan. Chambers, who was accompanied by an unidentified confidential informant, stopped at the front yard of the residence. Goodson, who was talking to two other individuals, started walking toward Chambers's vehicle. Chambers asked Goodson for a "$40.00 piece of rock cocaine." Goodson said that he had the cocaine and asked Chambers to pull into the parking area. They went to the porch and Goodson pulled from his pocket a bottle that contained several pieces of white "rock substance." He told Chambers to take his pick of the pieces. They then concluded the transaction and Chambers bagged the substance so that it could be analyzed.

During the course of the transaction, Chambers was wearing a "body mike." At the time of the transaction, Chambers did not know the name of the individual who sold him the cocaine. After Chambers returned to his vehicle, he called Sheriff Hadden, who was monitoring the transaction through the body mike which Chambers was wearing, and gave him a description of the suspect. He told Hadden that the individual was a black man, wearing blue jeans, a red pullover shirt, and a black hat, and that he had a black and gray beard. Chambers knew the other two individuals who were with Goodson at the time Chambers approached the residence. Sheriff Hadden went to the residence and identified the individual as Marvin Goodson, the appellant. Chambers stated at trial that he saw the appellant again later that same night on Toad Street. In fact, the appellant again sold Chambers cocaine. (A conviction on that sale has recently been affirmed without opinion by this court. See Goodson v. State, 579 So.2d 709 (Ala.Cr. App.1991)). The appellant, as a result of the ongoing investigation in Dothan, had no warrant sworn out for his arrest until three months after the transaction. On appeal, he raises three issues.

I

Initially, the appellant contends that he was denied his constitutional right to a speedy trial. He was incarcerated on an unrelated offense when the warrant in this case was sworn out for his arrest on September 22, 1988. He was indicted for this offense on April 28, 1989. In the interim, he filed, pro se, several motions, such as a motion for speedy trial and a motion to dismiss for failure to prosecute. The right to a speedy trial is "triggered when a criminal prosecution has begun and extends only to those persons who have been `accused' in the course of that prosecution. United States v. Marion, 404 U.S. 307, 313, 92 S.Ct. 455, 459, 30 L.Ed.2d 468 (1971)." Hayes v. State, 487 So.2d 987, 991 (Ala.Cr. App.1986). This right has been said to be activated when a warrant of arrest is issued, "because this is when the prosecution is commenced under § 15-3-7, Code of Alabama *511 1975." Steeley v. City of Gadsden, 533 So.2d 671, 678 (Ala.Cr.App.1988).

The date the prosecution was commenced in this case was September 22, 1988, the date of the original warrant of arrest. We must determine if the time between the commencement of prosecution and the date of trial, August 16, 1989, was so great that the appellant's Sixth Amendment right to a speedy trial was violated.

The United States Supreme Court in Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972), recognized four factors which should be analyzed when determining whether an individual's speedy trial right has been violated. They are "length of delay, the reason for the delay, the defendant's assertion of his right, and prejudice to the defendant." Barker, 407 U.S. at 530, 92 S.Ct. at 2192.

Regarding the first criterion, the Supreme Court stated:

"We cannot definitely say how long is too long in a system where justice is supposed to be swift but deliberate.... `The right of a speedy trial is necessarily relative. It is consistent with delays and depends upon circumstances. It secures rights to a defendant. It does not preclude the rights of public justice.'"

Barker, 407 U.S. at 521-22, 92 S.Ct. at 2187-88.

This court noted in Arnett v. State, 551 So.2d 1158 (Ala.Cr.App.1989), that the length of the delay must be "presumptively prejudicial." In Arnett, we stated that 20 months was not too long a delay. However, as the Supreme Court noted in Barker and as this court noted in Arnett, these cases must be analyzed on a case-by-case method, since each involves circumstances which are unique to that particular case. A balancing test is used in which the "conduct of both the prosecution and the defendant are weighed." Barker, 407 U.S. at 530, 92 S.Ct. at 2192. We must look at the reasons for the delay. In the instant case the length between the issuance of the warrant and the trial date was 11 months. As the prosecution stated at the hearing on the motion to dismiss, the appellant had several charges pending against him. The time between the date of the issuance of the warrant issuance and the date of trial was spent in clearing up the other pending charges. He was tried in January for one offense and in July of the same year for another offense. "`The period of delay attributable to disposition of the other charge in the other county, where reasonable, cannot be charged against the state as needless delay.'" Kimberly v. State, 501 So.2d 534, 536 (Ala. Cr.App.1986).

Although the length of the delay has been said to trigger the examination of the remaining factors, most courts do not analyze a speedy trial argument without taking into account all four factors discussed in Barker. The Supreme Court stated in Barker, "We regard none of the four factors identified above as either a necessary or sufficient condition to the finding of a deprivation of the right of speedy trial. Rather, they are related factors and must be considered together with such other circumstances as may be relevant." Barker, 407 U.S. at 533, 92 S.Ct. at 2193.

We have thus far taken into account the length of the delay and the reasons for the delay, and in regard to those two factors have found nothing to indicate a denial of the right to a speedy trial. We note that the third factor must be weighed in Goodson's favor; he himself filed several motions alleging that his right to a speedy trial was violated. Thus, he had asserted his right.

In regard to the fourth factor of the Barker analysis, we find that the appellant suffered no prejudice as a result of the delay.

Free access — add to your briefcase to read the full text and ask questions with AI

Goodson v. State, 588 So. 2d 509, 1991 WL 44529 (Ala. Ct. App. 1991).

588 So. 2d 509 (Goodson v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Raphiel Pier Quinnie v. State of Alabama
Court of Criminal Appeals of Alabama, 2022
E.L.Y. v. State
266 So. 3d 1125 (Court of Criminal Appeals of Alabama, 2018)
Benson W. Peak v. City of Tuscaloosa.
73 So. 3d 5 (Court of Criminal Appeals of Alabama, 2011)
Blackmon v. State
7 So. 3d 397 (Court of Criminal Appeals of Alabama, 2006)
Gamble v. State
791 So. 2d 409 (Court of Criminal Appeals of Alabama, 2000)
City of Montgomery v. Norman
816 So. 2d 72 (Court of Criminal Appeals of Alabama, 1999)
May v. State
710 So. 2d 1362 (Court of Criminal Appeals of Alabama, 1997)
George v. State
717 So. 2d 827 (Court of Criminal Appeals of Alabama, 1996)
O'BARR v. State
639 So. 2d 533 (Court of Criminal Appeals of Alabama, 1994)
Ex Parte Woodard
631 So. 2d 1065 (Court of Criminal Appeals of Alabama, 1993)
State v. Woodard
631 So. 2d 1065 (Court of Criminal Appeals of Alabama, 1993)
Vo v. State
612 So. 2d 1323 (Court of Criminal Appeals of Alabama, 1992)
McCain v. State
611 So. 2d 1123 (Court of Criminal Appeals of Alabama, 1992)
Manning v. State
612 So. 2d 1262 (Court of Criminal Appeals of Alabama, 1992)
Powell v. State
608 So. 2d 411 (Court of Criminal Appeals of Alabama, 1992)
Williams v. State
601 So. 2d 1062 (Court of Criminal Appeals of Alabama, 1992)
Steeley v. State
622 So. 2d 421 (Court of Criminal Appeals of Alabama, 1992)
State v. Woods
600 So. 2d 425 (Court of Criminal Appeals of Alabama, 1992)