Crawford v. State, 4 Div. 428

• Court: Alabama Court of Criminal Appeals
• Writing for the Court: TYSON; BOWEN
• Citation: 479 So.2d 1349
• Decision Date: 23 July 1985
• Docket Number: 4 Div. 428
• Parties: Thomas Eugene CRAWFORD v. STATE.

Page 1349

479 So.2d 1349 Thomas Eugene CRAWFORD
v.
STATE. 4 Div. 428. Court of Criminal Appeals of Alabama. July 23, 1985.
Rehearing Denied Aug. 20, 1985.
Certiorari Denied Nov. 27, 1985
Alabama Supreme Court 84-1262.

Page 1351

Francis M. James III of James & James, Andalusia, for appellant.

Charles A. Graddick, Atty. Gen., and Tommie Wilson, Asst. Atty. Gen., for appellee.

TYSON, Judge.

Thomas Eugene Crawford was indicted for theft in the first degree in violation of § 13A-8-3, Code of Alabama 1975. The jury found the appellant "guilty as charged in the indictment" and the trial judge sentenced him to life imprisonment in the penitentiary as a habitual felony offender.

Paul Hattaway testified that at 11:30 p.m. on June 15, 1984, he parked his 1979 white with brown Dodge pickup truck in front of the old Florala Hardware Store on Fifth Avenue. He and his wife, Katherine, got out of the truck and went inside the store to look at furniture. They came out about fifteen minutes later and the truck was gone. Neither Hattaway nor his wife had given anyone permission to take or use their truck. Hattaway reported the truck theft to Gary Hutcheson, a police officer. The owners of the truck were Hattaway and his wife. The truck's vehicle identification number was D14JE9S157766 and the license tag number was 23A 3469.

Gary Hutcheson stated that on June 20, 1984, he was a Florala Police Officer and was on patrol when he saw a Buick emerge from an alley behind the Zippy Mart. He did not recognize the vehicle so he eased up to see who was in the Buick. As he did, the Buick took off at a high rate of speed. Hutcheson turned on the patrol car's siren and blue lights and began chase. During the chase, Hutcheson called in the tag number on the Buick (23A 3469) and found out it was the tag number of Hattaway's truck. Hutcheson finally stopped the Buick one-quarter mile into Florida across the state line.

The driver of the Buick got out and Hutcheson recognized him as the appellant. Hutcheson then told the appellant to place his hands on top of his vehicle. As Hutcheson approached the appellant he stated, "Gary, before you start investigating this car, the tag on it is from the truck that was stolen this past Friday night." (R. 15-16). The appellant was then advised of his Miranda rights. Hutcheson then asked the appellant if he would come back to Florala and make a statement about the truck. The appellant agreed and was transported back to Florala, Alabama.

Once back at the station in Florala, the appellant was again advised of his Miranda rights. The appellant, Crawford, stated that on the night of June 15, 1984, he and his wife were walking in Florala when he saw a white Dodge truck parked on the street with the keys in the ignition. He and his wife got in the truck and drove to Lake Wales, Florida. There, they traded the truck for a 1972 Buick. The truck tag was placed on the Buick. The two then returned to Florala, Alabama and were later stopped by Officer Hutcheson.

Page 1352

After the appellant gave this statement, he signed it. He was then charged with theft in the first degree.

A teletype was then sent to the Polk County, Florida Sheriff's Department and the Florala Police Department then received directions to a house in Lake Wales. Hutcheson went to Lake Wales and went to this house. A cousin of the appellant was at this house and Hattaway's truck was located there. Hutcheson took possession of the truck and returned it to Hattaway, the owner.

I(a)

The appellant claims that the statement he made immediately after he was stopped by Officer Hutcheson and the statement he made later after he was taken back to Florala were improperly admitted into evidence.

After the appellant was stopped by Hutcheson, he exited the Buick and started walking toward Officer Hutcheson. Hutcheson told him to stop and place his hands on the top of vehicle. The appellant then stated, "Gary, before you start investigating this car, the tag on it is from the truck that was stolen this past Friday night." (R. 25-26). The appellant contends that this statement should have been excluded because he was not advised of his Miranda rights before he made the statement at issue. This contention is without merit.

"A spontaneous statement, blurted out by the accused and volunteered to a police officer prior to any questioning, is admissible against him even though he was not given the Miranda warnings. Hammons v. State, 371 So.2d 986 (Ala.Cr.App.1979); Epsy v. State, 365 So.2d 356 (Ala.Cr.App.1978). An unsolicited remark, not in response to any interrogation, does not fall within the Miranda rule. Hammons, supra." Bedingfield v. State, 47 Ala.App. 677, 260 So.2d 408 (1972). Ervin v. State, 399 So.2d 894, 897 (Ala.Crim.App.), cert. denied, 399 So.2d 899 (Ala.1981). Clearly, the statement made by the appellant at this time was spontaneous and not in response to any interrogation by Hutcheson. Therefore, the statement was not in violation of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1965) and, thus, was properly admitted into evidence. See Johnston v. State, 455 So.2d 152 (Ala.Crim.App.1984).

I(b)

There was evidence presented at trial that the appellant had been drinking prior to the time he was stopped by Hutcheson. The appellant challenges the voluntariness of both of his statements on the ground that he had been drinking prior to making these statements. While there was evidence that the appellant had been drinking, there was no evidence that he was intoxicated to the extent that he suffered such an impairment of his will and mind that would have rendered him unconscious of the meaning of his statement. Myers v. State, 431 So.2d 1342 (Ala.Crim.App.1982), writ quashed 431 So.2d 1346 (Ala.1983); Borden v. State, 401 So.2d 802 (Ala.Crim.App.), cert. denied, 401 So.2d 804 (Ala.1981). Bedingfield, supra. Therefore, we find that the appellant's statements were not rendered involuntary as a result of his asserted intoxication.

I(c)

Lastly, the appellant asserts that the two statements should have been excluded because they were the fruit of an unlawful arrest.

Even though Officer Hutcheson stated he did not "arrest" the appellant when he stopped him in Florida, the appellant was under arrest for all practical purposes. The appellant's freedom of movement was curtailed with the intention of detaining him to answer criminal charges. Sheridan v. State, 43 Ala.App. 239, 187 So.2d 294, cert. denied, 279 Ala. 674, 189 So.2d 470 (1966), cert. denied, 385 U.S. 1019, 87 S.Ct. 747, 17 L.Ed.2d 556 (1967); McCants v. State, 459 So.2d 992 (Ala.Crim.App.1984); United States v. Robinson, 650 F.2d 537 (5th Cir.1981).

Page 1353

Therefore, we must look to the laws of the State of Florida to determine if the appellant's arrest was lawful.

Section 941.31, Florida Statutes Annotated (1982) reads as follows:

"Any duly authorized state, county or municipal arresting officer of another state of the United States who enters this state in fresh pursuit, and continues within this state in such fresh pursuit, of a person in order to arrest him on the ground that he is believed to have committed a felony in such other state, shall have the same authority to arrest and hold such person in custody, as has any authorized arresting officer, state, county or municipal, of this state, to arrest and hold in custody a person on the ground that he is believed to have committed a felony in this state."

The appellant contends that Hutcheson was in fresh pursuit of a reckless driving charge, a misdemeanor, and, therefore, did not have any power to arrest the appellant under the above-quoted provision of law. However, even though the initial pursuit began due to reckless driving, there was testimony that...