State v. Worley

102 So. 3d 408, 2009 WL 3805816, 2009 Ala. Crim. App. LEXIS 152
CourtCourt of Criminal Appeals of Alabama
DecidedNovember 13, 2009
DocketCR-06-1879
StatusPublished
Cited by3 cases

This text of 102 So. 3d 408 (State v. Worley) 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
State v. Worley, 102 So. 3d 408, 2009 WL 3805816, 2009 Ala. Crim. App. LEXIS 152 (Ala. Ct. App. 2009).

Opinions

WELCH, Judge.1

The State of Alabama appeals pursuant to Rule 15.7, Ala. R.Crim. P., from the trial court’s pretrial dismissal of the 5 felony counts of a 10-count indictment against Nancy Lillian Worley, the former Alabama Secretary of State.2

In March 2007, a Montgomery County grand jury returned a 10-count indictment against Worley; the charges were related to a letter Worley had mailed to 5 of her employees during the 2006 Democratic primary campaign. For each employee who received a letter, the State filed two charges against Worley; one count charged Worley with a felony violation of § 17 — 1—7(b), Ala.Code 1975, and one count charged Worley with a misdemeanor violation of § 17 — 1—7(c), Ala.Code 1975.3 Counts 1, 3, 5, 7, and 9 of the indictment were felony charges, and they alleged:

“The Grand Jury of said County charge that, before the finding of this Indictment, Nancy Lillian Worley, alias Nancy Worley, whose name is otherwise unknown to the Grand Jury, did attempt to use her official authority or position, to-wit: the Secretary of State for the State of Alabama, for the purpose of influencing the vote or political action of any person, to-wit: [name of letter recipient], by soliciting: financial contributions, placement of a bumper sticker on a vehicle, ‘door-to-door’ activities, ‘telephone bank’ activities, ‘letter writing’ activities, ‘fundraising’ activities, the obtaining of a ‘yard sign,’ and/or the providing of ‘clerical’ assistance, in violation of Section 17-1-7(b) [now § 17-17-4] of [411]*411the Code of Alabama, against the peace and dignity of the State of Alabama.”

(C. 5-7.)

Counts 2, 4, 6, 8, and 10 of the indictment were misdemeanor charges, and they alleged:

“The Grand Jury of said County further charge that, before the finding of this Indictment, Nancy Lillian Worley, alias Nancy Worley, whose name is otherwise unknown to the Grand Jury, an officer or employee of the State of Alabama, to-wit: the Secretary of State for the State of Alabama, did solicit a political campaign contribution from another employee, to wit: [name of letter recipient], who worked for the said Nancy Lillian Worley in a subordinate capacity, in violation of Section 17-l-7(e) [now § 17-17-5] of the Code of Alabama, against the peace and dignity of the State of Alabama.”

Worley sent the following letter to the five employees named in the indictment: “Dear [name of employee],

“Working together, we have been able to achieve MANY successes in the Secretary of State’s Office over the past three years. We have also faced several challenges, yet our office is stronger today, more productive, more service-oriented, and more respected than ever before! THANK YOU!
‘You have probably heard by the state government ‘grapevine’ that I am running for re-election, but I want to ask for your support and your vote in the June 6, 2006, Democratic Primary Election. In 2003, when I entered the Secretary of State’s Office, I requested that we not discriminate against anyone because of his/her politics, race, religion, social status, etc. Thus, if you choose to support another candidate, you have every right to make that decision without any problems from me.
“I am enclosing an envelope on which you may volunteer, request a yard sign, etc.; however, you may also choose to destroy this envelope. You will be given the same professional respect you have previously been given if you choose the latter.
“I will be honored if you will attach the enclosed bumper sticker to your vehicle’s bumper or rear window. If you need additional bumper stickers, please call my home/campaign number ... and leave a message.
“Thank you again for your hard work to make the Secretary of State’s Office one of the best in state government — in Alabama and throughout the nation. “Sincerely yours,
“/s/ Nancy L. Worley
“Nancy L. Worley”

(C. 74.) (Emphasis in original.) The mailing also included a campaign bumper sticker and a pledge envelope offering opportunities to support the campaign with financial contributions and participation in such activities such as fund-raising, letter writing, and working the telephone bank.

On July 6, 2007, Worley filed a motion to dismiss all the charges against her. The State filed a written response to the motion to dismiss on July 11, 2007. The trial court held hearings on the motion to dismiss on July 9 and July 11, 2007, and the parties presented arguments at both hearings. At the July 11 hearing, the trial court stated that it was dismissing the five felony charges and that it would enter a written order. On July 16, 2007, the trial court issued a written order dismissing the five felony charges. (C. 82-86.) The trial court stated in the order that because § 17 — 1—7(c) specifically addressed campaign practices involving subordinates, the more general felony statute — § 17-1-[412]*4127(b) — did not control. The trial court also concluded that the State had overreached by attempting to charge misdemeanor offenses as felony offenses. The trial court also stated that, “if statutory construction alone does not resolve the confusion as to the spheres of operation for the competing subsections,” it would hold that § 17-1-7(b) was unconstitutionally vague.

On appeal, the State argues that the trial court erred when it dismissed the felony counts against Worley because, it argued, a jury could properly determine that some of Worley’s actions violated the misdemeanor statute, § 17-1-7(c), Ala. Code 1975, and that some of Worley’s actions violated the felony statute, § 17-1-7(b), Ala.Code 1975. The State also argues that the trial court erred when it held, in the alternative, that the felony provision of the statute was unconstitutionally vague. We agree with the State.

I.

The State argues that the trial court erred when it dismissed the felony charges because, it says, “[a] jury could reasonably determine, from the evidence that the State expects to present at trial, that Wor-ley was guilty of both the felony and misdemeanor offenses arising from her actions towards the employees of the Secretary of State’s Office.” (State’s brief, at pp. 18-19.) The State further argues that, although the trial court’s order was couched in terms of statutory construction, the trial court had actually made a pretrial determination that the State’s proposed evidence did not fall within the parameters of the felony statute. Thus, the State continues, the trial court erroneously foreclosed the State from the opportunity to present its evidence to the jury so that the jury could determine whether the State’s evidence established the elements of the felony charges.

A.

Worley argues in her brief to this Court that the State’s claim — that the trial court’s ruling was improper because it was actually a ruling on the sufficiency of the evidence — is not properly before this Court because, Worley says, the State did not present this argument in the trial court. We disagree.

“The critical consideration for the preservation of error for appellate review is that the trial court be sufficiently informed of the basis of the defendant’s argument.” Ex parte Parks, 923 So.2d 330, 333 (Ala.2005). See also Ex parte Abrams,

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Related

Ankrom v. State
152 So. 3d 373 (Court of Criminal Appeals of Alabama, 2011)
State of Alabama v. Nancy Lillian Worley.
102 So. 3d 435 (Court of Criminal Appeals of Alabama, 2011)
In Re State v. Worley, 1090631 (Ala. 9-10-2010)
102 So. 3d 428 (Supreme Court of Alabama, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
102 So. 3d 408, 2009 WL 3805816, 2009 Ala. Crim. App. LEXIS 152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-worley-alacrimapp-2009.