State v. ROFFLER

69 So. 3d 225, 2010 Ala. LEXIS 242, 2010 WL 5185393
CourtSupreme Court of Alabama
DecidedDecember 22, 2010
Docket1090007
StatusPublished
Cited by5 cases

This text of 69 So. 3d 225 (State v. ROFFLER) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. ROFFLER, 69 So. 3d 225, 2010 Ala. LEXIS 242, 2010 WL 5185393 (Ala. 2010).

Opinions

STUART, Justice.

We granted the State’s petition for a writ of certiorari to determine an issue of first impression: whether in the 21st century an indictment that charges theft of funds in a certain dollar amount, in violation of § 13A-8-3, Ala.Code 1975, but does not designate the medium of exchange1 of those funds is legally sufficient.

Facts and Procedural History

Mitchell Roffler and Michelle Roffler operated a furniture store, Gulf Coast Furniture, in Mobile. The Rofflers offered customers the option of purchasing furniture through a layaway plan. A customer participating in the layaway plan made month[227]*227ly payments toward his or her furniture purchase without having to formally apply for new credit. The Rofflers accepted layaway payments in cash, check, two-party check, third-party check, credit-card transaction, and debit-card transaction. When a customer had paid the total purchase price of the furniture that had been placed on layaway, the Rofflers would deliver the furniture to the customer within a reasonable time.

On January 6, 2006, the City of Mobile padlocked the doors of Gulf Coast Furniture because, it said, the Rofflers had failed to pay city sales taxes. At that time, the Rofflers had several active layaway accounts at the furniture store. When some of the layaway customers attempted to inquire about their accounts and/or their furniture, they learned that the Rofflers could not be located. A criminal investigation was commenced, and, on November 6, 2006, a Mobile County grand jury issued an indictment charging Mitchell Roffler with 23 counts of theft. Each count represented a layaway customer to whom the indictment asserted Roffler owed either money or furniture, and each count read substantially the same except for the name of the property owner and the monetary amount. For example, count one of the indictment read:

“The Grand Jury of said County charge[s] that, before the finding of this indictment, MITCHELL ROFFLER, whose name is otherwise unknown to the Grand Jury, did knowingly obtain or exert unauthorized control over the property of another, with intent to deprive the owner thereof, to wit: six thousand dollars ($6,000.00) the property of Randy Garner, in violation of § 13A-8-3 of the Code of Alabama, against the peace and dignity of the State of Alabama.”

A similar indictment was issued against Michelle Roffler. On January 14, 2007, the Rofflers appeared in the Mobile Circuit Court to enter pleas of not guilty. The cases against the Rofflers were consolidated. During preliminary matters before the trial, the State dismissed 8 of the 23 counts in each of the indictments because the complaining witnesses failed to appear in court. The Rofflers moved to dismiss the other 15 counts in each of the indictments, arguing that the indictments failed to charge offenses because the counts did not specify the medium of exchange of the monetary amounts allegedly stolen. Specifically, they faulted the language in the counts for failing to specify the means by which the Rofflers had received the funds. According to the Rof-flers, the language in each count did not provide them with adequate notice of the State’s charge so as to allow them to adequately prepare a defense and to avoid the risk of double jeopardy. The trial court dismissed the indictments with prejudice, holding that the indictments were legally insufficient because each count did not state the medium of exchange of the funds allegedly stolen.2 In reaching its conclusion, the trial court relied on Shubert v. State, 488 So.2d 44 (Ala.Crim.App.1986), which held that an indictment charging the theft of $10,000 was legally insufficient because it failed to identify “whether the defendants were charged with stealing United States currency, a check, or coal.” 488 So.2d at 47. The State appealed the dismissal of the indictments.

On August 7, 2009, the Court of Criminal Appeals, in an unpublished memorandum, affirmed the trial court’s dismissal of [228]*228the indictments. State v. Roffler, 69 So.3d 222 (Ala.Crim.App.2009). The State petitioned this Court for certiorari review of the Court of Criminal Appeals’ decision. We granted the writ; we now reverse and remand.

Standard of Review

The legal sufficiency of an indictment is reviewed de novo. Eskridge v. State, 709 So.2d 1348, 1350 (Ala.Crim.App. 1997).

Discussion

The State presents an issue of first impression: whether in the 21st century an indictment charging the offense of theft of a certain dollar amount of funds in violation of the statutory provisions defining the offenses of theft, see § 13A-8-1 et seq., Ala.Code 1975, is legally sufficient if it identifies the dollar amount of the funds allegedly taken but does not identify the medium of exchange of those funds. In 1986, the Court of Criminal Appeals held:

“[T]he indictment in this ease was ‘bad’ because it merely alleged the theft of ‘to-wit: $10,000.00, the property of to-wit: THOMAS BURKE’ without further description of the property taken.
“‘The indictment in this case is bad. It should have averred the number and denomination of the coins, or of some of them, or that the same were to the grand jury unknown. Such have been the rulings of this court; and, as this requirement is both reasonable and easily conformed to, we are unwilling to depart from it. State v. Murphy, 6 Ala. 845 [ (1844) ]; DuBois v. State, 50 Ala. 139 [ (1874) ]; Grant v. State, 55 Ala. 201 [ (1876) ]; Whart. Crim. Pl. § 218.’ Burney v. State, 87 Ala. 80, 6 So. 391, 392 (1889) (two-count indictment describing property as ‘two hundred dollars in gold coin of the United States’ and ‘two hundred dollars’).
“Reed v. State, 88 Ala. 36, 6 So. 840 (1889) (indictment charging theft of ‘three dollars and sixty cents in money of the United States of America’ is ‘defective and insufficient in not stating the number and denomination’); Grant v. State, 55 Ala. 201, 208 (1876) (‘The indictment [for larceny] must also, state the kind and description of the goods stolen. If the larceny is of coin, the number and denomination must be stated.... When the species and denomination of the coin are unknown to the grand jury, the fact may be averred, and a general description, as so many dollars in gold, or in silver coin, will be sufficient.’); Croker v. State, 47 Ala. 53, 57 (1872) (The description of money in the indictment as ‘ten dollars in money of United States currency’ was ‘too indefinite. The term “currency,” when applied to the medium of trade, means equally coin, bank notes, or notes issued by the government.’); State v. Murphy, 6 Ala. 845, 851 (1844) (‘[T]he law requires the denomination and number of coin to be stated in the indictment.’). See also Levy v. State, 79 Ala. 259 (1885); Edwards v. State, 379 So.2d 336 (Ala.Cr.App.1979), cert. denied, Ex parte Edwards, 379 So.2d 339 (Ala.1980). This specific principle is expressly noted in § 15-8-5, [Ala.Code 1975,] which directs that “words used in an indictment must be construed in their usual acceptation in common language.’ See Wilkerson v. State, 23 Ala.App. 520, 128 So. 777 (1930).
“The proper form for an indictment for theft by deception under § 13A-8-3 is found in the Indictment and Warrant Manual

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

Related

Hall v. State
203 So. 3d 1284 (Supreme Court of Alabama, 2016)
Hall v. State
203 So. 3d 1277 (Court of Criminal Appeals of Alabama, 2015)
State v. ROFFLER
69 So. 3d 233 (Court of Criminal Appeals of Alabama, 2011)
State v. ROFFLER
69 So. 3d 225 (Supreme Court of Alabama, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
69 So. 3d 225, 2010 Ala. LEXIS 242, 2010 WL 5185393, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-roffler-ala-2010.