Gladden v. State, CR-92-952
| Decision Date | 30 September 1993 |
| Docket Number | CR-92-952 |
| Citation | 644 So.2d 1267 |
| Parties | Carl Eugene GLADDEN v. STATE. |
| Court | Alabama Court of Criminal Appeals |
James Atkinson, Florence, for appellant.
James H. Evans, Atty. Gen., and Gilda Williams, Asst. Atty. Gen., for appellee.
The appellant, Carl Eugene Gladden, was convicted of vehicular homicide. He was sentenced to five years in prison and was ordered to pay $1,000,000 in restitution to the victim's family.
The only issue the appellant raises on appeal is whether the trial court erred in setting the amount of restitution at $1,000,000. The state initially argues that this issue was not preserved for appeal because no objection was made at sentencing. The court, however, did not fix the amount of restitution at sentencing. At the sentencing hearing, defense counsel stated, After the amount of restitution was set by the court, defense counsel raised this issue in his motion to reconsider. This is sufficient to preserve this issue for appeal. Ex parte Clare, 456 So.2d 357 (Ala.1984).
The right of crime victims to receive restitution is specially set forth in § 15-18-65 et seq., Code of Alabama 1975. Section 15-18-65 states, in pertinent part:
"[A]ll perpetrators of criminal activity or conduct [shall] be required to fully compensate all victims of such conduct or activity for any pecuniary loss, damage or injury as a direct or indirect result thereof."
Pecuniary loss is defined in § 15-18-66 as:
"All special damages which a person shall recover against the defendant in a civil action arising out of the facts or events constituting the defendant's criminal activities; the term shall include, but not be limited to the money or other equivalent of property taken, broken, destroyed, or otherwise used or harmed and losses such as travel, medical, dental or burial expenses and wages including but not limited to wages lost as a result of court appearances." (Emphasis added.)
"It is clear to us from this new enactment that it is the intent of the legislature that victims be fully compensated through restitution." Clare, 456 So.2d at 358. See also Strough v. State, 501 So.2d 488 (Ala.Cr.App.1986). The restitution statute set forth above provides that a victim of a criminal act can recover medical, travel, dental, and burial expenses and can be compensated for lost wages. Harris v. State, 542 So.2d 1312 (Ala.Cr.App.1989).
However, the statute does not provide that a victim may recover for...
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Addison v. State
...this time does not indicate that the legislature intended to include pain and suffering as part of restitution"); Gladden v. State, 644 So.2d 1267, 1268 (Ala.Crim.App.1993) (holding that the Alabama statute requiring restitution "for any pecuniary loss, damage or injury" resulting from a cr......
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Ex parte Fletcher
...(Ala.Crim. App.1996), cert. denied, 710 So.2d 1361 (Ala.1998); D.J.W. v. State, 705 So.2d 521 (Ala.Crim.App.1996); Gladden v. State, 644 So.2d 1267 (Ala.Crim.App.1993). Both this Court and the Court of Criminal Appeals have specifically stated that a postconviction motion is an appropriate ......
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Roberts v. State
...as a direct or indirect result of a criminal act. See Butler v. State, 608 So.2d 773 (Ala.Crim.App.1992), and Gladden v. State, 644 So.2d 1267 (Ala. Crim.App.1993). In Ex parte Clare, 456 So.2d 357, 358 (Ala.1984), the Alabama Supreme Court "The Court of Criminal Appeals states that include......
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Grace v. State
...644 So.2d 1277, 1278 (Ala.Crim.App. 1993) (damages for pain and suffering not properly awarded as restitution); Gladden v. State, 644 So.2d 1267, 1268 (Ala.Crim. App.1993) (same); Murphy, 641 So.2d at 1257 (wife of defendant not entitled to receive restitution for loss of defendant's income......