Ex parte Carroll
Decision Date | 28 May 1993 |
Citation | 627 So.2d 874 |
Parties | Ex parte Robert Leo CARROLL. (Re Robert Leo Carroll v. State). 1911745. |
Court | Alabama Supreme Court |
William S. Poole, Jr., Demopolis, for petitioner.
James H. Evans, Atty. Gen., and Melissa G. Math and J. Randall McNeill, Asst. Attys. Gen., for respondent.
Robert Leo Carroll was convicted of murder made capital by § 13A-5-40(a)(13), Ala.Code 1975. Carroll was given a bifurcated trial, in accordance with § 13A-5-43. After the sentencing phase of the trial, the jury returned an advisory verdict recommending death. The trial court accepted the jury's recommendation and sentenced Carroll to death by electrocution.
The Court of Criminal Appeals affirmed the conviction but remanded the case to the trial court for written findings on the issue of mitigating circumstances. The court affirmed the sentence on return to the remand. Carroll v. State, 599 So.2d 1253 (Ala.Cr.App.1992) ( ). The Court of Criminal Appeals in Carroll v. State, at 1259, had quoted the following portion of the trial court's statement of facts:
In reviewing a death penalty case, this Court will notice any plain error or defect in the proceeding under review, regardless of whether it was brought to the attention of the trial court. Rules 45A and 39(k), A.R.App.P. Ex parte Bankhead, 585 So.2d 112 (Ala.1991). This Court will take appropriate appellate action whenever the error "has or probably has adversely affected the substantial right of the appellant." Rule 45A. "Plain error" arises only if the error is so obvious that the failure to notice it would seriously affect the fairness or integrity of the judicial proceeding. United States v. Chaney, 662 F.2d 1148, 1152 (5th Cir.1981). See also Ex parte Womack, 435 So.2d 766 (Ala.1983), cert. denied, 464 U.S. 986, 104 S.Ct. 436, 78 L.Ed.2d 367 (1983). We have thoroughly reviewed the record before us, considering the issues raised and looking for plain error. We will address the following three issues.
Did the Court of Criminal Appeals err in holding that the State proved beyond a reasonable doubt that Carroll had been convicted of another murder in the 20 years preceding this murder?
According to § 13A-5-40(a)(13), the following is a capital offense:
"Murder by a defendant who has been convicted of any other murder in the 20 years preceding the crime; provided that the murder which constitutes the capital crime shall be murder as defined in subsection (b) of this section; and provided further that the prior murder conviction referred to shall include murder in any degree as defined at the time and place of the prior conviction."
To prove the prior murder conviction, the State introduced a certified copy of an order of the Common Pleas Court of Montgomery County, Ohio. That order read:
A postscript to this order stated: "The defendant has been in custody since March 21, 1970."
Carroll objected to the use of this document as proof of the 20-year element of § 13A-5-40(a)(13), on the following grounds: 1) that the certified copy of the order is a sentencing memorandum document and not a judgment of conviction as required by Alabama law; and 2) that the sentencing memorandum document does not show, beyond a reasonable doubt, a conviction of another murder in the 20-year period preceding the crime charged here. Carroll contends that for proof of a prior conviction, Alabama law has traditionally required the introduction into evidence of a document showing the entry of a guilty plea and its acceptance by a court, a verdict of guilty by a jury and its acceptance by the court, or a judgment by the court.
Although the terms "judgment," "sentence," and "determination of guilt" are defined in Rule 26.1(a)(1), (2), and (3), A.R.Crim.P., respectively, the term "conviction" is not defined in Rule 26.1(a).
In this case, the certified copy of the Ohio trial court's order, which includes the sentence imposed, constitutes proof beyond a reasonable doubt that Carroll had been convicted of another murder in the 20-year period preceding this murder. The order reflects that Carroll had been in custody for some offense since March 21, 1970. Carroll was committed to the Lima State Hospital until he was restored to sanity and could stand trial. On April 12, 1972, the Common Pleas Court of Montgomery County found Carroll competent to stand trial. After this determination, Carroll entered a guilty plea to a reduced charge of second degree murder, which was accepted by the court. Because the State proved that on June 28, 1972, Carroll had been convicted of murder, he was properly convicted of capital murder, pursuant to § 13A-5-40(a)(13), for the stabbing death of William Earl Sanders.
We agree with the following statement of the Court of Criminal Appeals:
Did the Court of Criminal Appeals err in affirming the trial court's finding of no mitigating...
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