Anderson v. State
Decision Date | 14 June 1988 |
Docket Number | 3 Div. 762 |
Citation | 533 So.2d 714 |
Parties | Alonzo ANDERSON v. STATE. |
Court | Alabama Court of Criminal Appeals |
Douglas C. Freeman, Montgomery, for appellant.
Don Siegelman, Atty. Gen., and Beth Slate Poe, Asst. Atty. Gen., for appellee.
The appellant, Alonzo Anderson, was indicted for attempted murder, a violation of § 13A-6-2, § 13A-4-2, Code of Alabama 1975, and theft of property in the first degree, a violation of § 13A-8-3, Code of Alabama 1975. The appellant, following a jury trial, was found guilty of assault in the first degree, a violation of § 13A-6-20, Code of Alabama 1975, as a lesser included offense of attempted murder. He was sentenced to ten years' imprisonment on the assault count. The jury found Anderson not guilty on the theft count.
The appellant does not question the sufficiency of the evidence to support his conviction, and it would serve no useful purpose to recite the evidence in detail in this opinion; however, we will set out facts where we deem it necessary for a better understanding of the issues raised.
The appellant raises two issues on appeal.
I
The appellant initially contends that the trial court committed reversible error by failing to adhere to the requirements of A.R.Crim.P.Temp. 14.
Defense counsel, at the conclusion of the trial, submitted to the trial court written requests for jury instructions, and a charge conference was held. During the charge conference, the trial court advised the appellant's counsel that it would charge the jury on the lesser included offense of assault in the second degree and approved his requested charges numbered 6 and 14. The trial court then reconsidered and did not charge the jury on second degree assault. The appellant claims that his case was prejudiced by the trial court's decision because the trial court allotted a time limit to both the State and the defense in which to give closing argument. The appellant contends that he had devoted a significant portion of time allotted for closing arguments on the evidence as it related to second degree assault, and that because of his surprise at the court's not charging the jury on second degree assault, he was deprived of an opportunity to prepare and present an intelligent closing argument to the jury on attempted murder and first degree assault. We agree.
A.R.Crimp.P.Temp. 14 states:
(Emphasis added.)
The comment to Rule 14 states that the rule is taken almost verbatim from Rule 51, Alabama Rules of Civil Procedure. The committee comments to Rule 51 state in pertinent part:
In the case at bar, it is apparent that the appellant was prejudiced by the trial court's actions.
The rationale for the rule and the standard to be used by an appellate court in deciding whether reversible error has resulted from the trial court's refusal or failure to observe the requirements imposed by A.R.Civ.P. 51, and by analogy, A.R.Crim.P.Temp. 14 is:
...
To continue reading
Request your trial-
Lewis v. State, No. CR-03-0480 (Ala. Crim. App. 11/2/2007)
...at which the court could review the parties requested jury instructions.11 Lewis cites this Court's decision in Anderson v. State, 533 So. 2d 714 (Ala.Crim.App. 1988), for the proposition that a trial court's "failure to do so does not mandate reversal unless the court refuses to follow the......
-
Lewis v. State
...at which the court could review the parties requested jury instructions.11 Lewis cites this Court's decision in Anderson v. State, 533 So.2d 714 (Ala.Crim.App.1988), for the proposition that a trial court's "failure to do so does not mandate reversal unless the court refuses to follow the r......
-
McDaniels v. State
...v. State, 14 So.3d 898, 909 (Ala.Crim.App.2008).“In Jones v. State, 585 So.2d 180 (Ala.Cr.App.1991), and in Anderson v. State, 533 So.2d 714 (Ala.Cr.App.1988), this court noted that a defendant may be entitled to a charge on assault in the second degree as a lesser included offense to attem......
-
Johnson v. State, CR-94-2376
...second degree was not a lesser included offense of murder. In Jones v. State, 585 So.2d 180 (Ala.Cr.App.1991), and in Anderson v. State, 533 So.2d 714 (Ala.Cr.App.1988), this court noted that a defendant may be entitled to a charge on assault in the second degree as a lesser included offens......