Corum v. City of Huntsville
Decision Date | 27 May 1986 |
Docket Number | 8 Div. 431 |
Citation | 491 So.2d 1091 |
Parties | William K. CORUM v. CITY OF HUNTSVILLE. |
Court | Alabama Court of Criminal Appeals |
William R. Self, II, Huntsville, for appellant.
Walter A. Record, III, Huntsville, for appellee.
William Kyle Corum was convicted in the municipal court of Huntsville for driving under the influence of alcohol. On appeal to the circuit court he was convicted, fined $250, and ordered to attend a highway intoxication seminar. That conviction must be reversed because the Uniform Traffic Ticket and Complaint failed to properly and adequately advise Corum of the charge against him.
Rule 19 of the Alabama Rules of Judicial Administration provides that "[t]he complaint and summons used in all traffic cases shall be the 'Uniform Traffic Ticket and Complaint.' " The "Uniform Traffic Ticket and Complaint" in the instant matter alleges that Corum "[d]id unlawfully operate a motor vehicle within the city limits or police jurisdiction of Huntsville ... upon the following street, road or highway, at or near ... Hood Rd. & Cobb Dr. ... in violation of 14-2 ... Municipal Ordinance, more particularly described in the DESCRIPTION OF OFFENSE section below (See circle of description of offense)."
The "DESCRIPTION OF OFFENSE" section directs the officer to "CIRCLE APPROPRIATE SQUARE." Square "4," which charges the offense of "DRIVING UNDER THE INFLUENCE OF ALCOHOL," is not circled or marked in any manner. In spaces provided next to the word "ALCOHOL," the officer made two notations: "TEST TYPE 2," and "BAC .216%."
It is fundamental that "the accused has a constitutional right to be informed of the charges against him." Wilbourn v. State, 452 So.2d 915, 916 (Ala.Cr.App.1984). "The constitutional right of an accused to demand the nature and cause of the accusation against him is not a technical right, but is fundamental and essential to the guaranty that no person shall be deprived of his liberty except by due process of law, nor be twice put in jeopardy for the same offense." Summers v. State, 348 So.2d 1126, 1132 (Ala.Cr.App.), cert. denied, 348 So.2d 1136 (Ala.1977), cert. denied, 434 U.S. 1070, 98 S.Ct. 1253, 55 L.Ed.2d 773 (1978). An instrument which purports to, but "fails to state an offense will not support a judgment of conviction." Barbee v. State, 417 So.2d 611, 614 (Ala.Cr.App.1982). The accused is entitled to "a plain, concise statement of the facts in ordinary language sufficiently definite to inform a defendant of common understanding of the offense charged." A.R.Cr.P.Temp. 15.2(a).
The record affirmatively shows that the issuing officer failed to circle the appropriate square to designate the offense with which the defendant was charged. While it may be inferred from the notations "TEST TYPE 2" and "BAC .216%" that Corum was being charged with driving under the influence of alcohol, the essentials of an offense must be explicitly charged, and may not be left to inference or aided by intendment. Barbee v. State, 417 So.2d at 613. An information is fatally defective where "it does not specify whether the defendant was driving under the influence of alcohol, under the influence of a controlled substance, or under the combined influence of alcohol and a controlled substance." Smith v. State, 435 So.2d 158 (Ala.Cr.App.1983) ( ).
The notation "BAC .216%" is insufficient to inform the defendant that he was being charged with driving while under the influence of alcohol. In construing this term, " " People v. Atwell, 129 Ill.App.3d 724, 84 Ill.Dec. 873, 875-76, 473 N.E.2d 89, 91-92 (1984).
The ticket does refer to a "violation of 14-2 Municipal Ordinance." That section states:
The reference on the ticket to a "violation of 14-2 Municipal Ordinance," however, is not sufficient to inform the defendant of the charge of driving while under the influence of alcohol. Although § 14-2 adopts State motor vehicle laws and regulations, including the D.U.I. provisions, the ordinance does not designate any specific offense and reference to it does not satisfy the "constitutional right of an accused to demand the nature and cause of the accusation against him." Summers v. State, supra, at 1132.
Miles v. State, 94 Ala. 106, 11 So. 403 (1892).
Our Supreme Court has rejected the argument that mere inclusion of the applicable code section in a charging instrument is sufficient "to put the defendant on notice that he [is] charged with violation of any provable part of the statutory provision." Ex parte Washington, 448 So.2d 404, 407 (Ala.1984); Ex parte Hightower, 443 So.2d 1272 (Ala.1983). Instead, the offense must be designated with specificity. Slater v. State, 230 Ala. 320, 162 So. 130 (1935); Crooks v. State, 31 Ala.App. 308,...
To continue reading
Request your trial-
Young v. City of Hokes Bluff
...essentials of an offense must be explicitly charged, and may not be left to inference or aided by intendment." Corum v. City of Huntsville, 491 So.2d 1091, 1092 (Ala.Cr.App.1986). See also Smith v. State, 435 So.2d 158 (Ala.Cr.App.1983) (information that accused "did commit the offense of D......
-
Sisson v. State
...to [an] erroneous code section will be treated as mere surplusage"). Cf. Rule 15.2(b), A.Temp.R.Crim.P.; Corum v. City of Huntsville, 491 So.2d 1091 (Ala.Crim.App.1986) (citing Ex Parte Hightower, supra, for the proposition that mere inclusion of the applicable code section is insufficient ......
-
Sanders v. City of Birmingham, 6 Div. 601
...definite to inform a defendant of common understanding of the offense charged.' A.R.Cr.P.Temp. 15.2(a)." Corum v. City of Huntsville, 491 So.2d 1091, 1092 (Ala.Cr.App.1986). " 'In a prosecution based upon an affidavit and warrant it is sufficient to designate the offense by name, or by word......
-
Royer v. State
...200, 78 L.Ed.2d 175 (1983). See also Tinsley v. State, 485 So.2d 1249, 1251 (Ala.Cr.App.1986). This court in Corum v. City of Huntsville, 491 So.2d 1091 (Ala.Cr.App.1986), stated that the "mere inclusion of the applicable Code section in a charging instrument is [in]sufficient 'to put the d......