Steeley v. State

533 So. 2d 665
CourtCourt of Criminal Appeals of Alabama
DecidedMay 10, 1988
StatusPublished
Cited by5 cases

This text of 533 So. 2d 665 (Steeley 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
Steeley v. State, 533 So. 2d 665 (Ala. Ct. App. 1988).

Opinion

533 So.2d 665 (1988)

James (Jim) STEELEY
v.
STATE.

7 Div. 891.

Court of Criminal Appeals of Alabama.

May 10, 1988.
Rehearing Denied June 14, 1988.
Certiorari Denied October 28, 1988.

*666 James Steeley, pro se.

Don Siegelman, Atty. Gen., and J. Randall McNeill, Asst. Atty. Gen., for appellee.

Alabama Supreme Court 87-1151.

TYSON, Judge.

James Steeley was charged by solicitor's complaint with issuing a worthless instrument, in violation of § 13A-9-13.1, Code of Alabama 1975. The case was originally tried in the District Court of Etowah County, Alabama, and there the appellant was found guilty as charged. He was sentenced to 180 days, sentence suspended, and placed on two years' probation on the condition that he make restitution in the amount of $1,160 and pay a fine of $300. The appellant then appealed the case to the Circuit Court of Etowah County where he was found "guilty as charged" by a jury. The trial judge reinstated the sentence imposed by the District Court. The appellant appeared pro se at his trial in circuit court and on this appeal to this court.

Frank Harvey, Jr., the complainant in this case, testified that on April 30, 1985, he delivered some copy machines to the appellant at a warehouse in Gadsden, Alabama. Those machines had been ordered *667 by the appellant from Mr. Arly Smith in Texarkana, Texas. When the appellant started to write a check in payment for the machines, Harvey told the appellant that he was supposed to pay cash. Harvey then called Smith for the appellant and Smith agreed to accept two checks, each for $1,160, and $100 in cash. The total price of all of the machines was $2,420.

The appellant made out two checks, payable to Arly Smith, in the amounts of $1,160 each and dated the checks April 30 leaving blank the year. When the appellant gave the checks to Harvey, he told Harvey that one of the checks could be cashed immediately and the other check was to be held for one week and then cashed.

When Harvey returned to Texarkana, he gave the two checks and the $100 in cash to Smith. Smith in turn gave Harvey the $100 and one of the checks as payment for Harvey's services. Smith endorsed the back of the check that he gave to Harvey.

Several days later, Harvey cashed the check at his bank. On May 9, 1985, Harvey received the check from his bank with the notation "account closed. Do not redeposit." (R.45.) Harvey had to pay back to the bank the full amount of the check which was $1,160.

Harvey tried to run the check through two or three other times but it never cleared. He also contacted the appellant by telephone in order to obtain payment on this check. On July 17, 1985, Harvey sent the appellant a notice of dishonor to the address printed on the check. The notice of dishonor was returned as "unclaimed." Harvey testified he never knew of any other address for the appellant.

Michael McGowan, a collections officer for the Etowah Steelworkers Credit Union, testified that the account on which the check in question was drawn had been closed on January 5, 1984. The appellant had been advised of this fact and the account was never reopened.

Jesse Maxwell testified as to the good reputation of the appellant in the community.

The appellant stated that Arly Smith came to his house on December 27, 1983, and wanted to sell him some copy machines. When the appellant informed Smith that he did not have the money to pay for them at the time, Smith suggested the appellant give him two post-dated checks which he would hold until the appellant could pay him. The appellant agreed and gave Smith two checks. The total price of the copiers and the total amount of the two checks was $2,320.

On June 1, 1984, Smith came back to the appellant's house. The appellant, at this time, gave Smith some copiers as payment for the $2,320 debt he owed Smith. Smith told the appellant he would return the two checks, but he never did. The appellant stated he did not know how Harvey got the checks in question.

I

Section 12-22-113, Code of Alabama 1975 provides that, upon appeal from a lower court, "[t]he trial in the circuit court shall be de novo and without any indictment or presentment by the grand jury but the district attorney shall make a brief statement of the cause of complaint signed by him...." (Emphasis added.)

The appellant argues on appeal that the rubber-stamping of the district attorney's name on the complaint was insufficient under § 12-22-113. We disagree.

"Generally, in the absence of a statute providing otherwise, a signature may be affixed to a document by writing by hand, by printing, by stamping, or by other means. See Carna v. Bessemer Cement Co., 558 F.Supp. 706 (W.D.Pa. 1983); Ferguson v. Stilwill, 224 N.W.2d 11 (Iowa 1974); State v. Watts, 289 N.C. 445, 222 S.E.2d 389 (1976); Smith v. Greenville County, 188 S.C. 349, 199 S.E. 416 (1938); Estes v. State, 484 S.W. 2d 711 (Tex.1972)."

State v. Obrigewitch, 356 N.W.2d 105 (N.D.1984). See also, 80 C.J.S. Signatures, § 7, p. 1292-93.

Section 1-1-1(4), Code of Alabama 1975 states that, "[t]he words `signature' or `subscription' include a mark when the person *668 cannot write, if his name is written near the mark, and witnessed by a person who writes his own name as a witness, and include with respect to corporate securities facsimile signature placed upon any instrument or writing with intent to execute or authenticate such instrument or writing."

Section 1-1-1(4) only prescribes the method of affixing signatures in the two above-quoted instances. Therefore, we conclude that, when § 12-22-113 requires that the complaint be "signed" by the district attorney, it does not necessarily mean a written signature as opposed to a signature by print or rubber stamp.

Furthermore, Rule 15.5(c)(2), A.R. Crim.P.Temp. provides that,

"No charge shall be deemed invalid, nor shall the trial, judgment, or other proceedings thereon be stayed, arrested, or in any manner affected, for any defect or imperfection in the charge which does not tend to prejudice the substantial rights of the defendant upon the merits."

We fail to see how the rubber-stamping of the district attorney's name on the complaint, as opposed to his written signature can prejudice the substantial rights of this appellant upon the merits.

We must note that, when the appellant brought this issue before the trial court, the district attorney was allowed to amend the complaint by substituting his written signature for the rubber-stamped name of the former district attorney. Recently, this court held in Mason v. City of Vestavia, 518 So.2d 221 (Ala.Cr.App.), cert. denied, 518 So.2d 221 (Ala.1987), that complaints are absolutely nonamendable without the accused's consent. See also Rule 15.5, A.R.Crim.P. Temp. However, we further stated that a violation of this rule is subject to harmless error analysis.

Here, the amendment of the complaint was merely the replacement of the handwritten signature of the present district attorney for the rubber-stamped name of the former district attorney. Certainly it cannot be seriously argued that the appellant was, in fact, harmed by this amendment.

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533 So. 2d 665, Counsel Stack Legal Research, https://law.counselstack.com/opinion/steeley-v-state-alacrimapp-1988.