Paulson v. State

455 So. 2d 85, 1984 Ala. Crim. App. LEXIS 4644
CourtCourt of Criminal Appeals of Alabama
DecidedJanuary 10, 1984
Docket1 Div. 533
StatusPublished
Cited by3 cases

This text of 455 So. 2d 85 (Paulson 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
Paulson v. State, 455 So. 2d 85, 1984 Ala. Crim. App. LEXIS 4644 (Ala. Ct. App. 1984).

Opinion

HARRIS, Judge.

Appellant, Ronald Harvey Paulson, was indicted for forgery second degree by the Mobile County Grand Jury during its June, 1982, session. On December 8, 1982, he was found guilty as charged and was sentenced to ten years in the state penitentiary.

Kathleen Ann Paulson, appellant’s wife, was arrested on May 15, 1982, at Bel Air Mall in Mobile after giving Zales Jewelry Store a forged certified check for four thousand four hundred twenty-five dollars ($4,425.00). A search of her purse at the time of arrest produced three additional forged cashier’s checks, and a search of the car she was driving disclosed: one IBM typewriter Selectric II, one address box of Weston bond fluorescent white Commercial Guaranty Bank cashier’s checks, one Paymaster cheek writer, several hundred blank birth certificates, one trash bag with defective obliterated cashier’s checks, a cashier’s check on the American National Bank, one checkbook in the name of Ronald Paulson, the account on Citizens National Bank in Meridian, Mississippi.

[86]*86Appellant was arrested four days later at Knollwood Hospital in Mobile.

Mrs. Paulson waived her privilege of testimonial exemption in return for a plea bargain entered into with the District Attorney. She testified that she and appellant were married in Livingston, Alabama, on May 14, 1982, the day before her arrest. On direct examination by the State she recounted events prior to the marriage.

According to Mrs. Paulson, she and appellant owned three businesses in Meridian, Mississippi, were over-extended and were in financial trouble. Appellant, a printer by profession, devised a scheme whereby the two of them would forge certified checks and with them obtain very expensive diamonds in Alabama. They would then return to Mississippi to sell them.

Appellant’s plan was that he would print the checks and that she would pass them. He convinced her that, as an ex-felon, someone might recognize him, but that, if she wore neutral colored clothing and a wig, she would be more difficult to identify. In furtherance of the conspiracy, they purchased an authentic cashier’s check to use as a model, special paper used to print checks, and a wig and clothing for her.

On May 13, the couple went to Goldstein Jewelry Store in Mobile, so that appellant could guide her through a trial run of the plan. The two picked out a ring and talked with the sales clerk. They asked for a business card and requested that she write down the total price of the ring on the back of the card. Then they asked if she would accept a cashier’s check. Appellant explained to Mrs. Paulson that she was to bring the card with the amount back to him so that he could complete a forgery of the exact amount. She would sign the name Alta L. McAllister to the check, forging the signature of the bank’s authorizing officer.

It was Mrs. Paulson’s testimony that appellant devised the entire scheme and made the purchases pursuant to the plan. He printed the checks in Mississippi, where he used gloves to avoid leaving fingerprints, and planned to complete them in Mobile when she could determine the exact amounts required.

On May 14, after the two were married, she went to Zales Jewelry Store with a check made out according to the plan. The man who waited on her said that she would have to return the following day in order to give him time to verify the check. She was arrested the following day.

On cross-examination by the defense she testified that she saw appellant put the amounts on the checks with the Paymaster machine and that appellant purchased the equipment used and paid for their motel rooms.

Mr. Nick L. Horne, Jr., manager of the Zales Jewelry Store in Bel Air Mall, testified that on Friday, May 14, 1982, at around 3:30 p.m., he negotiated a sale with a woman who identified herself as Marilyn Karn. She looked at a lady’s diamond solitaire ring valued at four to five thousand dollars. She requested that the ring be sized and said that she would be back. She returned after 5:00 p.m. with a certified check in the amount of $4,425.00. The bank was closed by this time, but Mr. Horne, anxious to make the sale, called Mrs. McAllister at home. She was authorized to sign cashier’s checks for Commercial Guaranty Bank and her purported signature appeared on the check, but he learned that she had not signed the check. He alerted mall security and the other stores in the mall, and the following day Mr. Frank, at Goldstein Jewelry Store, reported that he had an appointment at 2:00 or 2:30 that afternoon, with a woman answering the description given by Mr. Horne. Mr. Horne came at that time, accompanied by mall security and Mobile police officers, and identified the woman, Kathleen Paulson, who was then arrested.

The president of the First Small Business Investment Company identified appellant as the person to whom he sold a Paymaster check printer, and an employee of a printing company identified appellant as the person who bought special paper used to print checks.

[87]*87Mr. William G. Clarke, operator of Clarke Jewelers, testified that he accepted a forged certified check for $3,400.00 in exchange for a diamond ring from a woman who identified herself as Marilyn Earn.

Ronald Paulson testified on his own behalf, and denied that he .had planned, conspired, executed, or even knew about the forgery of the cashier’s checks. He stated that he was forty years old and had been a printer for twenty-three years. He admitted to three previous convictions: one for possession of a counterfeit bill, one for theft by deception, and one for issuing worthless checks. He explained that he purchased the Paymaster check writer for his wife to use in one of their businesses, that the other equipment discovered in their car was used in their businesses, and that he was in Mobile for the purpose of locating employment with a printing company.

On cross-examination, appellant admitted that he had not applied with any printing companies in Mobile, nor talked to anyone about a job. Instead, he had begun to drink and had stayed drunk most of the time he was there, finally ending up in the hospital, where he was arrested. He explained this behavior by stating that he was a sometime alcoholic and that he had had a fight with his wife concerning their financial problems.

Two issues are raised for consideration on appeal. Appellant first contends that the testimony of his wife against him was not voluntarily given and should not have been admitted into evidence.

Section 12-21-227, Code of Alabama 1975, states:

“Husband, and wife for or against one another. The husband and wife may testify either for or against each other in criminal cases, but shall not be compelled so to do.”

This statute was interpreted in Arnold v. State, 353 So.2d 524, 526 (Ala.1977), where the court stated that “... the Alabama Legislature abolished the rule of incompetency and adopted the present statutory language which allows the spouse to testify voluntarily.”

Appellant contends that, because of her plea bargain arrangement with the District Attorney, his wife’s decision to testify was not made voluntarily. It is clear, however, that the testimonial exemption of a spouse in a criminal trial is a privilege of the witness and may be waived for whatever reason the witness might have. Morrison v. State, 382 So.2d 1187, 1189 (Ala.Cr.App.1980), quoting, Wyatt v. State, 35 Ala.App. 147, 46 So.2d 837, cert.

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Bluebook (online)
455 So. 2d 85, 1984 Ala. Crim. App. LEXIS 4644, Counsel Stack Legal Research, https://law.counselstack.com/opinion/paulson-v-state-alacrimapp-1984.