Fortier v. State, 6 Div. 776
| Decision Date | 23 February 1990 |
| Docket Number | 6 Div. 776 |
| Parties | Kenneth Joseph FORTIER, Jr., alias v. STATE. |
| Court | Alabama Court of Criminal Appeals |
J. Fairley McDonald III of Copeland, Franco, Screws & Gill, Montgomery, for appellant.
Don Siegelman, Atty. Gen., and James B. Prude, Asst. Atty. Gen., for State.
In 1984, Kenneth Joseph Fortier, Jr., was convicted of robbery in the first degree and sentenced as a habitual offender to life imprisonment without the possibility of parole. That conviction was reversed on appeal on the finding by this Court that incriminating evidence was found as a direct result of police interrogation of the defendant after he had unequivocally invoked his Fifth Amendment right to counsel. Fortier v. State, 515 So.2d 101, 110 (Ala.Cr.App.1987), cert. denied, 484 U.S. 1043, 108 S.Ct. 776, 98 L.Ed.2d 862 (1988).
On remand, the defendant filed a motion to dismiss the indictment on the grounds that the evidence at his 1984 trial was insufficient to support his conviction and that any further prosecution would subject him to double jeopardy. This motion was overruled by the circuit court. The defendant then reserved the right to appeal this issue and pleaded guilty to the original three counts of robbery in the first degree. He received a concurrent sentence of 20 years' imprisonment on each count. This appeal is from those guilty plea convictions.
The defendant contends that the State's evidence in the 1984 trial "was plainly insufficient to support his convictions for robbery in the first degree." Appellant's brief at 3. He argues that prosecution witness Tammy Gamso was an accomplice and that the convictions rest on the uncorroborated testimony of an accomplice. Once again, we reject this argument.
This Court addressed this issue in our opinion reversing the defendant's 1984 conviction. We now reaffirm what we stated then. An abridgment of that part of our opinion dealing with this issue follows:
To continue reading
Request your trial
-
Hull v. State
...evidence there was insufficient evidence to support a conviction." 488 U.S. at 40, 109 S.Ct. at 290. See also Fortier v. State, 564 So.2d 1041, 1042-43 (Ala.Cr.App.), cert. denied, 564 So.2d 1043 Lockhart mandates that a reviewing court "must consider all of the evidence admitted by the tri......
-
Ex parte Casey
...evidence to support a conviction. Lockhart v. Nelson, 488 U.S. 33, 40, 109 S.Ct. 285, 290, 102 L.Ed.2d 265 (1988)." Fortier v. State, 564 So.2d 1041, 1042-1043 ([Ala.Crim.App.] 1990). However, we find Lockhart distinguishable from the case at "`In Lockhart, there was other evidence, aside f......
-
Ex parte Hergott
...evidence to support a conviction. Lockhart v. Nelson, 488 U.S. 33, 40, 109 S.Ct. 285, 290, 102 L.Ed.2d 265 (1988). Fortier v. State, 564 So.2d 1041, 1042-43 (Ala.Crim.App.), cert. denied, 564 So.2d 1043 (Ala.1990). (Emphasis in We now hold that the State failed to produce sufficient evidenc......
-
Lykes v. State, CR-96-0438
...to insufficiency of evidence of guilt. See, e.g., Ex parte Beverly, 497 So.2d 519, 525 (Ala.1986). As this Court stated in Fortier v. State, 564 So.2d 1041, 1042-43 (Ala.Crim.App.), cert. denied, 564 So.2d 1043 "[T]he Double Jeopardy Clause allows a retrial where the reviewing court determi......