Simmons v. State

307 So. 2d 96, 54 Ala. App. 291, 1975 Ala. Crim. App. LEXIS 1559
CourtCourt of Criminal Appeals of Alabama
DecidedJanuary 21, 1975
Docket8 Div. 548
StatusPublished
Cited by4 cases

This text of 307 So. 2d 96 (Simmons 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
Simmons v. State, 307 So. 2d 96, 54 Ala. App. 291, 1975 Ala. Crim. App. LEXIS 1559 (Ala. Ct. App. 1975).

Opinion

TYSON, Judge.

The two-count indictment charged the appellant with the grand larceny, and also with buying, receiving, concealing, or aiding in concealing, one red 1965 Chevrolet *292 Malibu automobile, the personal property of one Gary Ivey. The Jury found the appellant guilty as charged, and the trial court then entered judgment, setting sentence at five years imprisonment. The appellant’s motion for new trial was denied.

Gary Ivey testified that on October 2, 1973, he lived at Lot 7, Owens Trailer Court, on Newby Road in Madison County. He testified that he owned a red 1965 Chevrolet Malibu automobile, and that its value was about $800.00. He stated that he parked his vehicle that evening in front of his trailer home. He stated that on the following morning he arose about 6:00 and went outside and that his automobile was missing.

He stated that after looking for the car, he made a report that morning to the Huntsville Police Department and gave a description, including the motor serial number of the vehicle. On cross-examination he testified that he later saw the motor at a garage in Huntsville and identified it by the motor serial number.

Officer Randall Tichenor testified that he was a patrolman for the Huntsville Police Department, that on October 3, 1973, he received a report from Gary Ivey, Owens Trailer Court, concerning the theft of his 1965 Chevrolet Malibu automobile, and that he obtained the motor serial number to this vehicle, and also its value. The officer stated that Ivey told him that the automobile was missing from the front of his trailer when he arose that morning.

Detective James Gossett of the Huntsville Police Department testified that he first interviewed the appellant on the afternoon of October 25, 1973, at the Huntsville Police Department, and that there were also present at this time Investigator Greene from the Sheriff’s Department, and the appellant’s attorney, who had conferred with appellant prior to questioning. After giving the appellant the full “Miranda Card’’ warning, the appellant told him that he knew where some stolen automobiles were, that he had nothing to do with the theft of them, but that Gary Shores and a couple of other boys had taken the automobiles across the State line to a cotton field near Vann Town, Tennessee, and there stripped them.

Detective Gossett testified that he went to the location given him by the appellant with other officers and there found a red 1965 Chevrolet Malibu automobile which had been burned and stripped near Vann Town, Tennessee, that other automobiles were also located there, and photographs were made of the vehicles.

Detective Gossett testified that he next talked with appellant on October 27, 1973, together with Investigator Greene.

Investigator Leon Greene of the Madison County Sheriff’s Department testified that he interviewed the appellant on the afternoon of October 25, 1973, at Huntsville Police Headquarters. He stated that Detective Gossett read a Miranda Card warning to the appellant, that the appellant’s attorney was present and had talked with appellant prior to the interview. On this occasion the appellant told the two officers that he knew where five stolen automobiles were located, that they were in a cotton field just across the Tennessee line near Vann Town. He told them that the cars had been stripped and burned, and that parts had been removed from them.

Investigator Greene testified that he and Detective Gossett went to the cotton field near Vann Town and there found five partially stripped and burned automobiles, and that they took photographs of them.

Investigator Greene further testified that he and Detective Gossett next talked with appellant in the company of Detective Bost at the Madison County Jail on October 27, 1973. He testified that Detective Bost read a “Miranda Card” warning to the appellant, and that he had also just finished talking with his attorney. On this occasion the appellant told the two officers that he had stolen a red 1965 Chevrolet Malibu automobile from near “Ogle’s Trailer *293 Park” on Newby Road, and that the automobile was partially stripped, burned, and left in a cotton field. This conversation lasted about fifteen minutes.

Investigator Greene further testified that he next interviewed the appellant on October 29, 1973, and that this third conversation took place at the Madison County Jail. He testified that only Investigator Garso from the Sheriff’s Department was present with him on this occasion, and that prior to talking with the appellant he gave the appellant a “Miranda Card” warning.

From the record:

“Q. Did you read these from a prepared card ?
“A. Yes sir.
“Q. Do you have that card with you? “A. Yes, sir.
“Q. Would you read those rights ?
“A. ‘Miranda Warning. You have the right to remain silent. If you choose to talk, you may stop talking at any time. Anything you say can and will be used against you in a court of law. You have a right to talk to a lawyer of your own choosing or with anyone else, and you may have your counsel present during any questioning or during any statement you may make. If you cannot afford an attorney one will be appointed for you free of charge before any questioning. Waiver: Do you understand each of the rights just, stated to you? Do you understand that we’re not threatening you nor are we promising anything in order to secure a statement from you? With these rights in mind, do you wish to talk to us?’
“Q. Were these the same rights that had been read to him on the two previous occasions ?
“A. Yes, sir.
“Q. Did the Defendant indicate to you that he understood what you were reading to him ?
“A. Yes, sir.
“Q. After you read him these rights, then is that when he gave you the information concerning this theft ?
“A. Yes, sir.
“Q. What, if anything, on the 29th did he relate to you concerning the theft of this 1965 automobile?
“A. He related that he did steal this automobile with two other persons and take it up to near Vann Town.
“Q. Did he describe on this occasion the automobile that he was talking about ?
“A. Yes, sir. His terminology was Malibu.
“Q. Did he give you the year ?
“A. 1965 Malibu. ’
“Q. Were there two F.B.I. agents with you on this occasion ?
“A. No, sir.
“Q. But I believe those agents were with you on the 25th?
“A. Yes, sir.
“Q. And I believe his lawyer was also with him on that occasion, wasn’t he?
“A. Yes, sir.”

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

Related

Guerin v. State
396 So. 2d 132 (Court of Criminal Appeals of Alabama, 1980)
Currington v. State
342 So. 2d 390 (Court of Criminal Appeals of Alabama, 1976)
Carroll v. State
338 So. 2d 432 (Court of Criminal Appeals of Alabama, 1976)
Mallory v. State
313 So. 2d 203 (Court of Criminal Appeals of Alabama, 1975)

Cite This Page — Counsel Stack

Bluebook (online)
307 So. 2d 96, 54 Ala. App. 291, 1975 Ala. Crim. App. LEXIS 1559, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simmons-v-state-alacrimapp-1975.