Manning v. State

612 So. 2d 1262, 1992 Ala. Crim. App. LEXIS 424, 1992 WL 172198
CourtCourt of Criminal Appeals of Alabama
DecidedJuly 24, 1992
DocketCR-91-737
StatusPublished
Cited by3 cases

This text of 612 So. 2d 1262 (Manning v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Manning v. State, 612 So. 2d 1262, 1992 Ala. Crim. App. LEXIS 424, 1992 WL 172198 (Ala. Ct. App. 1992).

Opinion

JAMES H. FAULKNER, Retired Justice.

In separate indictments, Robert Leslie Manning was charged with the offense of pharmacy robbery, in violation of § 13A-8-51, Code of Alabama 1975, and robbery in the first degree, in violation of § 13A-8-41, Code of Alabama 1975. The cases were consolidated for trial, and the jury found Manning guilty of pharmacy robbery and robbery in the first degree, as charged in the indictments. The court sentenced Manning to life imprisonment without the possibility of parole in both cases. Two issues are raised on appeal.

I

Manning contends that the trial court erred in denying his motion to suppress the evidence obtained from the search of the van in which Manning was riding because, he argues, the officers were not justified in stopping the.van.

To stop a person for questioning or investigatory detention does not require probable cause; the officer need only be able to articulate specific facts and inferences that lead to a reasonable suspicion of criminal activity. Terry v. State, 392 U.S. 1, 21, 88 S.Ct. 1868, 1879-80, 20 L.Ed.2d 889 (1968).

[1264]*1264The State of Alabama has codified the investigative stop at § 15-5-30, Code of Alabama 1975, which authorizes any law enforcement officer to “stop any person abroad in a public place whom he reasonably suspects is committing, has committed or is about to commit a felony or other public offense....”

Applying these authorities to the case at bar, it is clear that when the officers stopped the van in which Manning was traveling, they had specific facts and inferences that led to a reasonable suspicion that Manning was engaged in criminal activity.

Officer David Williams Snodgrass of the Mobile Police Department testified that at approximately 7:42 on the evening of October 17, 1990, he and his partner, Officer Darrell Williams, received a radio dispatch stating that an armed robbery had just occurred at the Direct Oil gasoline service station at the corner of Michael and Azalea Boulevard and that the perpetrator was a white male, approximately 5'7" to 5'9" inches tall, with long brown hair, a mustache and possibly a beard, and wearing a red and blue pinstriped shirt.

According to Officer Snodgrass, he and his partner, who were in the immediate vicinity of the armed robbery, immediately drove their patrol car to the intersection of Interstate Highway 65 and Cottage Hill Road and positioned their car in the median facing west on Cottage Hill Road to enable them to see oncoming traffic. The officers then began shining a large spotlight known as a “Q-beam” at every car that was coming eastbound on Cottage Hill, and the officers noticed that as they shone the spotlight on the drivers of most cars, the drivers would squint and look like “who in the world is shining that bright light in my face.” Officer Snodgrass testified that, at that moment, a brown van driven by a white female passed their location and that when they shone the spotlight at the white male in the passenger side, the passenger did not squint and look at the officers like the other drivers but he instead stared straight ahead and then cut his eyes at the officers, as if he were “trying to look too casual.”

Officer Snodgrass further testified that before stopping the van, he noticed that the passenger fit the physical description of the robber — a white male with long brown hair and a mustache. Although the passenger was wearing a white tank top instead of the red and blue pinstriped shirt detailed in the radio dispatch, Officer Snod-grass knew, based upon his experience in apprehending robbery suspects, that it was common for robbery suspects to change clothing after a robbery. Officer Snod-grass further testified that the brown van was coming from the area of the robbery within minutes after the robbery report was made.

We conclude that the officers were justified in stopping the van in which Manning was traveling because the officers clearly had before them the following specific facts and inferences that led to a reasonable suspicion that Manning was engaged in criminal activity: Manning, who was coming from the area of the robbery within minutes after the robbery report was made, fit the general physical description of the perpetrator, and Manning’s unusual and surreptitious response to the spotlight furnished additional specific and articulable facts, which, when taken together with the rational inferences from those facts, could lead to a reasonable suspicion of criminal activity. Hence, the trial court properly denied Manning’s motion to suppress the evidence obtained from the search of the van on this ground.

II

Manning contends that the trial court erred in denying his motions for dismissal based upon the alleged violation of his right to a speedy trial.

The facts relevant to the disposition of this issue are listed below in chronological order.

October 17 and 18, 1990: Manning was arrested in Mobile, Alabama, for first degree robbery and pharmacy robbery, respectively. At the time of these arrests, Manning was on probation for a prior conviction for first degree robbery. Because of these arrests, Manning’s probation was revoked, and he was incarcerated at Kilby Correctional Facility.
[1265]*1265January 25, 1991: Manning gave to Mrs. Betty Teague, Director of Central Records, Alabama Department of Corrections, a “Motion for a Speedy Trial” addressed to the Mobile Circuit Court.
January 30,1991: Manning’s “Motion for a Speedy Trial” was stamped “received” by the Central Records Office of the Alabama Department of Corrections.
February 8, 1991: Manning’s “Motion for a Speedy Trial” was filed with the Clerk of the Mobile Circuit Court.
March 11, 1991: Manning sent to the Mobile Circuit Court a pleading addressed to the Mobile District Attorney and styled “Defendant’s Notice and Request for Disposition of Indictment.”
March 14, 1991: Manning’s pleading styled “Defendant’s Notice and Request for Disposition of Indictment” was filed with the Clerk of the Mobile Circuit Court.
April, 1991: Manning filed a petition for writ of mandamus with this court.
April 18, 1991: Judge Kittrell of the Mobile Circuit Court granted Manning’s “Motion for a Speedy Trial” and ordered that Manning’s case be presented to the May session of the Mobile County grand jury-
May 17, 1991: Manning was indicted for robbery in the first degree and pharmacy robbery in Mobile County, Alabama.
May 27, 1991: Manning filed with the Mobile Circuit Court clerk a “Motion for a Copy of Grand Jury Minutes and/or to Dismiss Indictments” together with an “Affidavit in Support of Motion for a copy of the Grand Jury Minutes and/or Dismissal of Indictments.”
June 10, 1991: Manning filed with the Mobile Circuit Court clerk a letter addressed to Judge Kittrell, which requested that the court activate all pre-trial motions filed by Manning.

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612 So. 2d 1262, 1992 Ala. Crim. App. LEXIS 424, 1992 WL 172198, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manning-v-state-alacrimapp-1992.