Daniels v. State
Decision Date | 28 May 1999 |
Citation | 762 So.2d 864 |
Parties | Aaron DANIELS v. STATE. |
Court | Alabama Court of Criminal Appeals |
Michael Alan Rutland, Eufaula, for appellant.
Bill Pryor, atty. gen., and William D. Dill, deputy. atty. gen., for appellee.
Alabama Supreme Court 1990108.
The appellant, Aaron Daniels, was convicted of attempted murder, see § 13A-6-2 and § 13A-4-2, Ala.Code 1975. He was sentenced to 15 years' imprisonment. That sentence was split and he was ordered to serve three years' imprisonment.
Daniels contends that the state failed to establish a prima facie case of attempted murder. Specifically, he argues that the state did not prove that he intended to kill his wife.
In deciding whether the state presented sufficient evidence to support a conviction, this Court must view the evidence in the light most favorable to the prosecution. Bayhi v. State, 629 So.2d 782, 788 (Ala.Cr.App.1993). We must accept as true evidence introduced by the prosecution, make all legitimate inferences from that evidence, and consider that evidence in the light most favorable to the prosecution. McKinney v. State, 654 So.2d 95, 99 (Ala.Cr.App.1995); Johnson v. State, 623 So.2d 444, 447 (Ala.Cr.App. 1993). It is not the province of this Court to reweigh the evidence. Council v. State, 682 So.2d 495, 497 (Ala.Cr.App.), cert. denied, 682 So.2d 500 (Ala.1996); Black v. State, 680 So.2d 942, 944 (Ala.Cr.App. 1995). "Conflicting evidence presents a jury issue." Curry v. State, 601 So.2d 157, 159 (Ala.Cr.App.1992). This Court will not substitute its judgment for that of the jury on the question of sufficiency of the evidence to sustain a conviction. Brandon v. State, 542 So.2d 1316, 1319 (Ala.Cr.App. 1989).
482 So.2d at 1326, quoting Underhill on Criminal Evidence, § 540 (3d ed.1923).
"The credibility of witnesses and the weight or probative force of testimony is for the jury to judge and determine." Zumbado v. State, 615 So.2d 1223, 1241 (Ala.Cr.App.1993) (citations omitted).
Section 13A-6-2(a), Ala.Code 1975, states, in pertinent part, "A person commits the crime of murder if ... [w]ith intent to cause the death of another person, he causes the death of that person or of another person." Section 13A-4-2(a), Ala.Code 1975, states, "A person is guilty of an attempt to commit a crime if, with the intent to commit a specific offense, he does any overt act towards the commission of such offense."
The state's evidence established the following. Barbour County Deputy Ricky Dollar testified that on August 8, 1998, he was notified by the radio dispatcher that a shooting had occurred at Daniels's residence. He stated that, when he arrived, he saw Carrie Daniels, the victim, sitting on the steps of a mobile home with a towel on her head. Carrie Daniels had suffered extensive injuries to her face, shoulder, and arm as a result of a shooting. Dollar stated that Daniels was cooperative and that he showed Dollar his rifle, which was sitting on the hood of his car. Carrie Daniels was transported to the hospital. Barbour County Deputy Robert Patrick testified that he visited Carrie Daniels in the hospital on the evening that the incident occurred. He stated that she told him that she believed that Daniels had accidentally shot her, but that she was not sure the shooting was an accident. According to Patrick, on the morning after the shooting occurred, Carrie Daniels provided a statement concerning the incident, which she signed. The statement, which was admitted into evidence, stated the following:
(R. 93-94.)
Carrie Daniels testified that, although she recognized her signature on the statement, she did not remember making the statement. She stated that she was under the influence of medication when she gave the statement to Deputy Patrick. She further testified that she did not remember the events surrounding the shooting, and that she believed that the shooting was an accident.
In addition, Carrie Daniels also testified that several statements, she had given to police officers on several previous occasions concerning domestic violence and disputes between her and Daniels were untrue. For instance, she stated that on May 3, 1996, she told the police that Daniels had attempted to rape her and that she feared for her life. She testified that she had lied to the police on that occasion, because she believed her husband was being unfaithful. She further stated that on May 31, 1993, she told the police that she and Daniels had argued and that Daniels had pointed a pistol at her. Corp. Edgar Geisler of the Eufaula Police Department testified that he took a statement from Carrie Daniels concerning the May 31 incident, and that she told him that Daniels told her he was going to kill her. Carrie Daniels testified that her statement to Corp. Geisler was not true.
Daniels stipulated that he shot Carrie Daniels with a 12-gauge shotgun outside their residence. He testified that he was standing in the backyard with his rifle, trying to scare away dogs that had been going through their garbage cans. He stated that Carrie Daniels drove into their driveway, parked her car, and began walking toward him. According to Daniels, he told her that he was looking for the dogs, and then she began walking toward their mobile home. He stated that he walked behind her and put his hand on her shoulder, and that it startled her. He further stated that Carrie Daniels turned around and hit the gun he was holding, causing the gun to fire accidentally. He testified that the statements Carrie Daniels had made to police officers regarding prior violent acts were untrue.
Viewing the evidence in the light most favorable to the state, we find that the state established sufficient circumstantial evidence of attempted murder. Because the testimony indicated that Carrie Daniels was shot by a rifle, we may infer that he intended to kill Carrie Daniels. Moreover, Carrie Daniels's statement to Deputy Patrick that Daniels had accused her of cheating and then had pointed a rifle at her indicates that the shooting was intentional. Thus, the evidence was sufficient to establish that Daniels committed the overt act of shooting at Daniels with the intent to kill her.
Daniels maintains that the trial court erred in admitting into evidence police reports of prior violent encounters between him and Carrie Daniels. Specifically, he argues that the reports were irrelevant, that they were highly prejudicial, and that they were inadmissible hearsay.
We must address whether this issue was preserved for review. Our review of the record indicates that no police reports concerning prior violent acts were admitted into evidence.1 However, after Carrie Daniels indicated that she did not remember giving any statements to police officers, the prosecutor asked her to read the statements. Defense counsel stated the following objection:
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