Williams v. State

150 So. 3d 774, 2014 WL 888519, 2014 Ala. Civ. App. LEXIS 39
CourtCourt of Civil Appeals of Alabama
DecidedMarch 7, 2014
Docket2121004
StatusPublished

This text of 150 So. 3d 774 (Williams v. State) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Williams v. State, 150 So. 3d 774, 2014 WL 888519, 2014 Ala. Civ. App. LEXIS 39 (Ala. Ct. App. 2014).

Opinion

PER CURIAM.

Willie Junior Williams appeals from the judgment of the Tuscaloosa Circuit Court (“the trial court”) ordering the forfeiture of $762 that was seized from Williams. The State of Alabama sought the forfeiture of the currency on the ground that it had been used or was intended to be used to buy marijuana.

The record indicates the following. On the evening of May 4, 2011, law-enforcement officers seized $762 from Williams during the search of a house in a Tuscaloosa residential area. The area was under a curfew because of the destruction resulting from a tornado that struck Tuscaloosa on April 27, 2011. Investigator K.D. Brantley of the Tuscaloosa Police Department (“TPD”) testified that, as he was patrolling the area, he saw a truck parked in front of the house with its lights off and the engine running. Investigator Brantley and another officer walked toward the truck to investigate and they noticed a strong smell of marijuana emanating from the truck. As Investigator Brantley approached the truck, the owner of the truck came out of the house. The officers spoke with the man and conducted a pat-down search, during which they discovered marijuana. Investigator Brantley said that, after find-' ing the marijuana, he began walking toward the house and another man came out of the house, closing the front door behind him. Investigator ■ Brantley said that, when he saw the police, the second man tried to go back into the house, but the door was locked.

Two other men “attempted to come out of the house,” Investigator Brantley said, but, when they saw him, they closed the door. According to Investigator Brantley, he knocked on the door and heard people running in the house. He said he went to the back of the house and found the back door “boarded up.” He testified that he heard what sounded like a toilet being flushed repeatedly. Investigator Brantley went back to the front door, and when backup officers arrived, the officers kicked down the door and entered the house. Inside, Investigator Brantley said, the officers discovered large amounts of marijuana throughout the house, as well as plastic wrapping, aluminum foil, and scales.

[776]*776Williams was sitting in the living room when the officers entered the house. Law-enforcement officials testified that the coffee table in front of Williams had “marijuana residue” on it, but no marijuana was found in the room. Agent Bobby Wind-ham, a member of the West Alabama Narcotics Task Force and the TPD, testified that he arrived at the scene after Investigator Brantley and other law-enforcement officials had already entered the house. Agent Windham said that-he did not believe that Williams would have been able to see the marijuana found in other parts of the house from where he was seated.

Investigator Brantley testified that Williams was not one of the men whom he saw come to the door of the house. He also testified that a man other than Williams was discovered flushing something down the toilet. Law-enforcement officials testified that, when they searched Williams, they found $762 in Williams’s pocket, but Williams did not have a key to the house, and he did not have any marijuana or drug paraphernalia in his possession. Agent Windham testified that he could not trace any of the money seized from Williams to an illegal-drug transaction. He testified that he asked Williams whether he was employed. Agent Wind-ham said that, after Williams said that he was not employed, he took no other steps to determine whether Williams had a legitimate source of income. Williams, along with the other men in the house, was arrested.

Williams testified that, the day before his money was seized, he had purchased a bus ticket to travel to Valdosta, Georgia. He said that he intended to travel to Val-dosta the night of May 4, 2011, to visit his son. The bus ticket, which was admitted into evidence, indicated that the bus was scheduled to leave Tuscaloosa at 11:15 p.m. on May 4, 2011. Williams said that, before going to catch the bus, he had stopped at his nephew’s house, which was next door to the house that the police raided. Williams said that, when he arrived, his nephew was in the shower, so he went next door, where he knew the neighbor, to learn the score of a professional-basketball playoff game being played that evening. Williams testified that he remained in the house to watch the game. He said that he did not “pay too much attention” to the marijuana on the coffee table, saying of the neighbors, “if they smoke, they smoke.” He said that while he was in the house, he did not leave the room where law-enforcement officials found him.

Records indicate that on April 8 and April 11, 2011, Williams had withdrawn cash totaling $1,800 from his checking account at Wachovia Bank. Williams testified that he withdrew the money to pay for the bus ticket and to have money to purchase gifts for his son. Williams testified that he usually worked as a barber but that he also worked construction. He said that he had been a labor foreman on a construction project in Miami, but, he said, when the project was completed, he was laid off. However, he said, he had received $550 in unemployment-compensation benefits every two weeks. Williams submitted his bank statement, which indicated that he had received $1,100 in April 2011 and corroborated his testimony. Evidence indicated that Williams lived with his mother and that he did not pay his mother rent but paid her “a little bit here and there.” On October 9, 2012, Williams pleaded guilty to trafficking in marijuana, apparently in connection with his May 2011 arrest. He was sentenced to a ten-year split sentence, pursuant to which he would serve three years in prison and the remainder of his sentence would be suspended while he served five years’ probation. Williams testified that he entered the plea because he had a four-year-old son and, [777]*777“[j]ust, you know, anything that would have kept me out of jail.”

After the hearing, the trial court found that, based on the evidence presented and the reasonable inferences to be drawn therefrom, it was reasonably satisfied that the $762 taken from Williams was used or was intended to be used in a transaction to purchase illegal drugs. Williams appealed.

On appellate review of a ruling from a forfeiture proceeding at which, like this case, the evidence was presented ore ten-us, the trial court’s findings of fact are presumed to be correct and a judgment based on those findings will not be reversed unless the record shows it to be contrary to the great weight of the evidence. Kuykendall v. State, 955 So.2d 442, 444 (Ala.Civ.App.2006); and Holloway v. State ex rel. Whetstone, 772 So.2d 475, 477 (Ala.Civ.App.2000). However, “that presumption [of correctness] has no application when the trial court is shown to have improperly applied the law to the facts.” Ex parte Board of Zoning Adjustment of the City of Mobile, 636 So.2d 415, 417 (Ala.1994).

Williams contends that the State failed to establish a prima facie basis for the condemnation and forfeiture of the $762 that was seized from him. Specifically, Williams asserts that the State failed to connect that money to a specific illegal transaction. He also asserts that the forfeiture judgment is against the great weight of the evidence.

Section 20-2-93(a)(4), Ala.Code 1975, under which the State obtained forfeiture of the $762, provides for forfeiture of

“[a]ll moneys ...

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Related

State v. Smith
578 So. 2d 1374 (Court of Civil Appeals of Alabama, 1991)
Kuykendall v. State
955 So. 2d 442 (Court of Civil Appeals of Alabama, 2006)
Malholtra v. State
717 So. 2d 425 (Court of Civil Appeals of Alabama, 1998)
Gatlin v. State
846 So. 2d 1090 (Court of Civil Appeals of Alabama, 2002)
Ex Parte Board of Zoning Adjustment
636 So. 2d 415 (Supreme Court of Alabama, 1994)
Holloway v. State Ex Rel. Whetstone
772 So. 2d 475 (Court of Civil Appeals of Alabama, 2000)
Ex Parte McConathy
911 So. 2d 677 (Supreme Court of Alabama, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
150 So. 3d 774, 2014 WL 888519, 2014 Ala. Civ. App. LEXIS 39, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-state-alacivapp-2014.