PJB v. State

999 So. 2d 581, 2008 Ala. Crim. App. LEXIS 15, 2008 WL 274731
CourtCourt of Criminal Appeals of Alabama
DecidedFebruary 1, 2008
DocketCR-05-1026
StatusPublished

This text of 999 So. 2d 581 (PJB 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
PJB v. State, 999 So. 2d 581, 2008 Ala. Crim. App. LEXIS 15, 2008 WL 274731 (Ala. Ct. App. 2008).

Opinion

999 So.2d 581 (2008)

P.J.B.
v.
STATE of Alabama.

CR-05-1026.

Court of Criminal Appeals of Alabama.

February 1, 2008.

*582 Kevin Raymond Kusta, Decatur, for appellant.

Troy King, atty. gen., and John-Paul M. Chappell, asst. atty. gen., for appellee.

On Application for Rehearing

PER CURIAM.

The unpublished memorandum issued on September 29, 2006, is withdrawn, and the following opinion is substituted therefor.

P.J.B. was adjudicated delinquent on two charges of harassment, violations of §§ 13A-11-8(a)(1)a. and 13A-11-8(a)(2), Ala.Code 1975, and one charge of making a terrorist threat, a violation of § 13A-10-15(a)(1)b., Ala.Code 1975. He was committed to the Department of Youth Services.

With respect to the harassment charges, the evidence adduced at the delinquency hearing indicated that on October 5, 2005, while riding the school bus, P.J.B. told his classmate, A.B., that "`I can pay somebody to rape you.'" (R. 34.) A.B. testified that P.J.B. "lies a lot" (R. 38), but she stated that P.J.B.'s statement nevertheless scared her because her cousin had been raped and she did not know whether P.J.B. would carry through with the threat. In addition, on another occasion in December 2005, again while riding the school bus, P.J.B. put his hand down his pants, rubbed his buttocks area, and then put his fingers on S.B.'s nose.[1] When asked whether P.J.B.'s actions "shock[ed] you and alarm[ed] you," S.B. answered in the affirmative. (R. 54.)

With respect to the charge of making a terrorist threat, the evidence adduced at the delinquency hearing indicated that on October 25, 2005, while riding the school bus, P.J.B. told school-bus driver Lynn Free, "`I want to set that field on fire.'" (R. 8.) When Free asked P.J.B. which field he was referring to, P.J.B. said the "`corn maze.'" (R. 8.) Free testified that the *583 "corn maze" is a large "corn patch ... on River Road" that is open to the public during the weeks preceding Halloween, but that it had no connection to the school. (R. 8.) Free testified that when she finished her bus route at approximately 4:00 p.m. that day, she notified the principal of the Morgan County Learning Center, Lane Dillard, of P.J.B.'s threat regarding the field.[2] The following day, Dillard contacted Michael Cowart, an officer with the Decatur Police Department, and Officer Cowart and Dillard spoke with P.J.B. P.J.B. initially denied saying that he was going to burn the field. He then admitted that he had told Free that he was going to burn the field, but he claimed that the man who owned the field was going to hire him to burn it in order to clear it off. Later during the conversation, however, P.J.B. again changed his story and said that he was not going to burn the field to clear it off but that he had just said that he was going to burn the field as a joke. When asked whether having to meet with P.J.B. "disrupt[ed][him] from being able to do [his] other school activities that [he] would have been doing," Dillard answered that it had. (R. 25-26.)

On appeal, P.J.B. contends that the State failed to prove the charge of making a terrorist threat. He maintains that Dillard's testimony that his meeting with P.J.B. disrupted his normal school activities was not sufficient to satisfy the requirement in § 13A-10-15(a)(1)b., the subsection under which he was charged, of "[c]ausing the disruption of school activities." Specifically, he argues:

"[P.J.B.] would contend that speaking with students about problems is part of a principal's duties. Merely speaking with a student does not constitute disruption of school activities. The learning environment of the school was maintained, no students were forced to leave their studies, no teachers were asked to come into the conference with the principal and Officer Cowart. In fact, Principal Dillard stated that this problem was not a school issue, but a legal one, which is why Officer Cowart was asked to attend this conference (R. 22-23). Reasoning that conferencing with a student due to a legal matter where some sort of criminal activity may or may not be involved is a disruption of school activity is a slippery slope. If one followed this line of reasoning ... [a]ny altercation at school that school officials had to take time out of their `normal' schedules for could be considered a terrorist threat. Disciplining children is part of the normal function of school personnel and is not a disruption of school activities."

(P.J.B.'s brief at pp. 9-10.) We agree with P.J.B.

Section 12-15-65(e), Ala.Code 1975, requires that an adjudication of delinquency be supported by "proof beyond a reasonable doubt, based upon competent, material, and relevant evidence." In determining whether there is sufficient evidence to sustain a conviction or a delinquency adjudication, "`a reviewing court must accept as true all evidence introduced by the State, accord the State all legitimate inferences therefrom, and consider all evidence in a light most favorable to the prosecution.'" Ballenger v. State, 720 So.2d 1033, 1034 (Ala.Crim.App.1998), quoting Faircloth v. State, 471 So.2d 485, 488 (Ala.Crim.App.1984), aff'd, 471 So.2d 493 (Ala.1985). "`The test used in determining the sufficiency of evidence to sustain a conviction is whether, viewing the *584 evidence in the light most favorable to the prosecution, a rational finder of fact could have found the defendant guilty beyond a reasonable doubt.'" Nunn v. State, 697 So.2d 497, 498 (Ala.Crim.App.1997), quoting O'Neal v. State, 602 So.2d 462, 464 (Ala.Crim.App.1992).

Section 13A-10-15(a)(1), Ala. Code 1975, provides:

"(a) A person commits the crime of making a terrorist threat when he or she threatens by any means to commit any crime of violence or to damage any property by doing any of the following:
"(1) Intentionally or recklessly:
"a. Terrorizing another person.
"b. Causing the disruption of school activities.
"c. Causing the evacuation of a building, place of assembly, or facility of public transportation, or other serious public inconvenience."

The phrase "disruption of school activities" is not defined in the Alabama Code, nor has it been construed by any appellate court in this State. As this Court explained in Carroll v. State, 599 So.2d 1253 (Ala.Crim.App.1992), aff'd, 627 So.2d 874 (Ala.1993):

"`Where, as here, this Court is called upon to construe a statute, the fundamental rule is that the court has a duty to ascertain and effectuate legislative intent expressed in the statute, which may be gleaned from the language used, the reason and necessity for the act, and the purpose sought to be obtained.' Ex parte Holladay, 466 So.2d 956, 960 (Ala. 1985). `[T]he fundamental rule of statutory construction is to ascertain and give effect to the intent of the legislature in enacting the statute.... In construing the statute, this Court should gather the intent of the legislature from the language of the statute itself, if possible.... We may also look to the reason and necessity for the statute and the purpose sought to be obtained by enacting the statute.' Pace v. Armstrong World Industries, Inc., 578 So.2d 281, 283 (Ala.1991). `If possible, the intent of the legislature should be gathered from the language of the statute itself.

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Bluebook (online)
999 So. 2d 581, 2008 Ala. Crim. App. LEXIS 15, 2008 WL 274731, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pjb-v-state-alacrimapp-2008.