Baggett v. State

• Decision Date: 10 July 2020
• Docket Number: CR-18-1097
• Citation: Baggett v. State, 345 So.3d 685 (Ala. Crim. App. 2020)
• Parties: Clyde BAGGETT v. STATE of Alabama
• Court: Alabama Court of Criminal Appeals

345 So.3d 685

Clyde BAGGETT

v.STATE of Alabama

CR-18-1097

Court of Criminal Appeals of Alabama.

July 10, 2020

Paul M. Harden, Jr., Monroeville; and Anthony J. Bishop, Evergreen, for appellant.

Steve Marshall, att'y gen., and Kristi O. Wilkerson, asst. att'y gen., for appellee.

MINOR, Judge.

A jury convicted Clyde Baggett of three counts of first-degree sexual abuse, seeformer § 13A-6-66(a)(3),Ala. Code 1975.¹The Conecuh Circuit Court sentenced Baggett to three consecutive terms of 240 months’ imprisonment.²On appeal, Baggett argues (1) that the circuit court erred in admitting two prior written statements made by one of the victims; (2) that the State's evidence was insufficient to support the convictions; and (3) that his sentences are illegal because they exceed the sentencing range for a Class C felony.For the reasons below, we hold (1) that the circuit court properly admitted the prior written statements under Rule 801(d)(1)(B), Ala. R. Evid.;(2) that the State's evidence of the crimes was sufficient; and (3) that Baggett's sentences are illegal and, thus, he must be resentenced.

In January 2014, M.B., J.L., and M.S., all adults, made statements to the Conecuh County Sheriff's Department that Baggett had sexually abused each of them while they were under the age of 12 years old.

M.B.³ testified that he and Baggett were second cousins.M.B. testified that when he was nine years old, he and M.S. along with Baggett stayed overnight at a hunting camp in Conecuh County.(R. 147, 162.)M.B. testified that Baggett put his hands down M.B.'s pants.M.B. testified that Baggett pulled out M.B.'s "privates" and "fondled" him.(R. 148.)M.B. also testified that "[Baggett] put [M.B.'s] hand on [Baggett's privates] and was moving it back and forth."(R. 149.)Later that night, M.B. told M.S. about the incident.

Before M.B. reported the sexual abuse to police, M.B. wrote letters to Baggett and tried to blackmail Baggett.M.B. admitted that he was on drugs then "and was just trying to get easy money."(R. 151.)M.B. testified that, despite the attempted blackmail, the sexual-abuse allegations were "absolutely" true.(R. 153.)

J.L.⁴ testified that his mother was married to Baggett's older brother.J.L. testified that once, when he was "approximately 11, 12 years old,"⁵he and M.S. stayed the night at Baggett's house.(R. 165.)J.L. testified that he fell asleep in the middle of the bed with M.S. and Baggett on either side of him.J.L. testified that at some point, Baggett rolled on top of him and removed J.L.'s underwear.Baggett testified that Baggett "rubb[ed] his private parts on [J.L.]"(R. 167.)Baggett then performed anal sex on J.L. and when he"finished,""he rolled back over like it was nothing to it."(R. 167.)J.L. testified that the next morning, he called his mother and told her that he was sick and to come and pick him up.J.L. testified that Baggett told him it was a "secret."(R. 170.)J.L. testified that he had not had contact with Baggett since the incident.

M.S.⁶ testified that he and Baggett were neighbors.M.S. testified that Baggett sexually abused him from the time he was five years old until he was eight years old.M.S. testified that "[Baggett] perform[ed] oral sex on [him] all the time, pretty much every chance he got" and subjected him to "countless times of inappropriate touching."(R. 201.)M.S. testified that Baggett attempted anal sex with him on a few occasions.M.S. recalled the incident at the hunting camp, and confirmed that M.B. told him about what Baggett had done to M.B. M.S. testified that most of the incidents occurred in Conecuh County but that the incident at the hunting camp occurred in Baldwin County.

I.⁷

Baggett argues that the circuit court erred by allowing into evidence two prior written statements made by J.L. because, he says, the prior statements were inadmissible hearsay.⁸

At trial, J.L. testified that he was "approximately 11, 12 years old" when Baggett rubbed his "private parts" on J.L. and anally raped J.L. during a sleepover at Baggett's house.(R. 165.)On cross-examination, defense counsel questioned J.L. about the written statements, making several inferences.For example, as the State points out, defense counsel inferred that J.L.'s statements differed from each other and from J.L.'s testimony, that J.L.'s allegations were fabricated after he conferred with the other victims, and that J.L. intended to use the statements to blackmail Baggett.On redirect, the State moved to introduce both statements, and defense counsel made a hearsay objection.The circuit court overruled the objection, and both statements were admitted into evidence.

"The question of admissibility of evidence is generally left to the discretion of the trial court, and the trial court's determination on that question will not be reversed except upon a clear showing of abuse of discretion."Ex parte Loggins, 771 So. 2d 1093, 1103(Ala.2000).

" Rule 801(d)(1)(B), Ala. R. Evid., states:

" ‘(d) Statements That Are Not Hearsay.A statement is not hearsay if--

" ‘(1) Prior Statement by Witness.The declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is (A) inconsistent with the declarant's testimony, and was given under oath subject to the penalty of perjury at a trial, hearing, or other proceeding, or in a deposition, or (B)consistent with the declarant's testimony and is offered to rebut an express or implied charge against the declarant of recent fabrication or improper influence or motive.’

"(Emphasis added.)

" ‘[A] prior consistent statement need not be identical in every detail to the declarant's ... testimony at trial,’ because ‘[i]nevitably, witnesses’ recollections of past events will diverge.’United States v. Vest, 842 F.2d 1319, 1329(1st Cir.1988).That being said, however, the declarant's testimony and prior statement must be ‘sufficiently close to fall within ....[Rule]801(d)(1)(B).’Vest, 842 F.2d at 1329."

J.D.W. v. State, 176 So. 3d 863, 868(Ala. Crim. App.2014).

J.L. was subject to cross-examination, and the statements were offered "to rebut an express or implied charge against the declarant of recent fabrication or improper influence or motive."Thus, the statements were not hearsay, and the circuit court did not err when it allowed the statements into evidence.

II.

Baggett argues that the circuit court erred by denying his motion for a judgment of acquittal of all charges because, he says, the State"failed to prove a prima facie case of sexual abuse" in all three counts.⁹

"In deciding whether there is sufficient evidence to support the verdict of the jury and the judgment of the trial court, the evidence must be reviewed in the light most favorable to the prosecution.Cumbo v. State, 368 So. 2d 871(Ala. Crim. App.1978), cert. denied, 368 So. 2d 877(Ala.1979).Conflicting evidence presents a jury question not subject to review on appeal, provided the state's evidence establishes a prima facie case.Gunn v. State, 387 So. 2d 280(Ala. Crim. App.), cert. denied, 387 So. 2d 283(Ala.1980).The trial court's denial of a motion for a judgment of acquittal must be reviewed by determining whether there existed legal evidence before the jury, at the time the motion was made, from which the jury by fair inference could have found the appellant guilty.Thomas v. State, 363 So. 2d 1020(Ala. Crim. App.1978).In applying this standard, the appellate court will determine only if legal evidence was presented from which the jury could have found the defendant guilty beyond a reasonable doubt.Willis v. State, 447 So. 2d 199(Ala. Crim. App.1983);Thomas v. State.When the evidence raises questions of fact for the jury and such evidence, if believed, is sufficient to sustain a conviction, the denial of a motion for a judgment of acquittal by the trial court does not constitute error.Young v. State, 283 Ala. 676, 220 So. 2d 843(1969);Willis v. State."

Breckenridge v. State, 628 So. 2d 1012, 1018(Ala. Crim. App.1993).

" ‘In determining the sufficiency of the evidence to sustain the conviction, this Court must accept as true the evidence introduced by the State, accord the State all legitimate inferences therefrom, and consider the evidence in the light most favorable to the prosecution.’Faircloth v. State, 471 So. 2d 485, 489(Ala. Cr. App.1984), affirmed, Ex parte Faircloth, [471] So. 2d 493(Ala.1985).

" ‘....

" ‘ "The role of appellate courts is not to say what the facts are.Our role, ... is to judge whether the evidence is legally sufficient to allow submission of an issue for decision to the jury."Ex parte Bankston, 358 So. 2d 1040, 1042(Ala.1978).An appellate court may interfere with the jury's verdict only where it reaches "a clear conclusion that the finding and judgment are wrong."Kelly v. State, 273 Ala. 240, 244, 139 So. 2d 326(1962)....A verdict on conflicting evidence is conclusive on appeal.Roberson v. State, 162 Ala. 30, 50 So. 345(1909)."[W]here there is ample evidence offered by the state to support a verdict, it should not be overturned even though the evidence offered by the defendant is in sharp conflict therewith and presents a substantial defense."Fuller v. State, 269 Ala. 312, 333, 113 So. 2d 153(1959), cert. denied, Fuller v. Alabama, 361 U.S. 936, 80 S. Ct. 380, 4 L. Ed. 2d 358(1960).’Granger [v. State], 473 So. 2d [1137,] 1139[(Ala. Crim. App.1985)].

"... ‘Circumstantial evidence alone is enough to support a guilty verdict of the most heinous crime, provided the jury believes beyond a reasonable doubt that the accused is guilty.’White v. State, 294 Ala. 265, 272, 314 So. 2d 857, cert. denied, 423 U.S. 951, 96 S. Ct. 373, 46 L. Ed. 2d 288(1975).‘Circumstantial evidence is in nowise considered inferior evidence and is entitled to the same weight as direct evidence provided it points to the guilt of the accused.’Cochran v. State, 500 So. 2d 1161, 1177(Ala. Cr. App.1984),

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