Hardy v. State, 6 Div. 597

CourtAlabama Court of Criminal Appeals
Writing for the CourtHARRIS
Citation409 So.2d 996
PartiesLarry Lee HARDY v. STATE.
Docket Number6 Div. 597
Decision Date26 January 1982

Page 996

409 So.2d 996
Larry Lee HARDY
6 Div. 597.
Court of Criminal Appeals of Alabama.
Jan. 26, 1982.

Page 997

Samuel R. Pennington, Birmingham, for appellant.

Charles A. Graddick, Atty. Gen., and Jean Williams Brown, Asst. Atty. Gen., for appellee.

HARRIS, Presiding Judge.

Appellant was indicted for burglary in the first degree on June 6, 1980. At arraignment, appellant entered a plea of not guilty. The trial judge denied appellant's pretrial pro se motion for speedy trial, as well as his motion to dismiss the indictment for lack of sufficient notice of the particular crime charged. Appellant was tried before a jury and found guilty. After hearing evidence on prior felonies, the trial court sentenced the appellant to life without parole. This appeal followed.

Page 998

Ms. Loyce Sutton, the resident of the burglarized dwelling, testified she lived at 5624 7th Avenue South, Crestwood, in Birmingham, Jefferson County, Alabama. Ms. Sutton received a telephone call at work at 9:30 a. m., on March 5, 1980, from a neighbor, Ms. Clotfeltor, which prompted her to leave for home immediately. She recalled that she had locked both her front and back doors before leaving for work at 7:30 a. m. When she arrived home, she observed Ms. Clotfeltor and her daughter in their parked automobile in front of her residence. The companion who had driven Ms. Sutton home parked her vehicle in front of a next door neighbor's house. Another neighbor, Ms. Young, who had been knocking on Ms. Sutton's front door, was standing in the driveway. Another automobile was parked across the street from Ms. Sutton's residence.

As Ms. Sutton got out of the vehicle and walked towards her house, someone shouted at her, causing her to get back into the automobile. Her driving companion then told her the man was approaching with a gun in his hand, and Ms. Sutton looked and saw a man in a light tan coat crossing her front yard toward the street and the vehicle parked across from her house. She immediately got down on the floorboard, after which she heard a gun fire. She sat up and saw the man drop either a gun or a holster, stop and pick it up, and then get in his vehicle and drive away. The police arrived shortly thereafter and she entered her back door with them. The door had been broken open, the deadlock bent, and the inside door facing torn loose. $2600 in silver and jewelry was missing, the bedroom had been ransacked, and a .31 caliber pistol was gone.

Anne Clotfeltor, Ms. Sutton's neighbor, stated she and her mother passed Ms. Sutton's residence around 9:00 a. m. on March 5, 1980, as they drove home from the grocery store. They observed a green Monte Carlo parked in front of the house and two black males on the doorsteps. About 9:30 they left their house, and as they drove by Ms. Sutton's, they noticed the Monte Carlo had been moved to the opposite side of the street. The two women drove down the alley behind Ms. Sutton's house and saw that the back door was open. They then returned home, where her mother made a phone call. They left home again and parked on the street near Ms. Sutton's house. They talked with Ms. Young about the strange automobile, and then Ms. Clotfeltor walked around behind a neighboring house where she observed two black males about to exit from Ms. Sutton's back door. She called her dog, and the two men went back inside the house. Ms. Clotfeltor then returned to the front and told her mother and Ms. Young that somebody was in the house. She then went back behind the house again and saw the two black males coming out the door again. One of the men was carrying a pink pillow case that appeared to be filled with items. The men proceeded through the back yard towards the alley. When the men saw Ms. Clotfeltor, one of them waved a gun at her. They then jumped the fence into the alley. She returned to the front and told the other ladies the man had a gun. After about five minutes, one of the men, dressed in a knee length tan coat, came around to the front walking towards the green Monte Carlo. He fired a shot towards the ladies, and then got into the automobile and drove away headed toward the alley. As he drove away Ms. Clotfeltor observed the tag number, which she verified with another neighbor who had written down the number. The police arrived shortly after the men departed.

Elise Clotfeltor, Anne Clotfeltor's mother, substantiated her daughter's testimony. She stated the getaway car was a black two door Chevrolet with narrow stripes. She was the person who called Ms. Sutton at work, as well as the police. She also recalled that the man wore a long tan coat.

Mary Young, another neighbor, observed a vehicle with stripes and the word "Chevy" printed on it parked across the street from Ms. Sutton's house on March 5, 1980. After trying to call some neighbors, she then took a pen and a directory and walked up the street and wrote down the automobile tag number. Ms. Young identified the directory

Page 999

at trial as the one on which she had transcribed the tag number E-R-H-8-5-1, as well as the word CHEV, indicating the vehicle was a Chevrolet. After taking down the tag number, she knocked on Ms. Sutton's front door, but heard nothing in response. At that time, Ms. Clotfeltor and Ms. Sutton arrived in separate vehicles. Ms. Young heard a shot shortly thereafter, and ran to her house. As she entered her house, she looked back and saw a black man entering the automobile parked across from Ms. Sutton's. She then called the police.

G. C. Rhodes, a Birmingham police officer, answered a police dispatch to 5624 7th Avenue South on March 5, 1980, at approximately 9:40 a. m. He received a tag number from Mary Young, which she had written on a piece of paper. He called the number in and found the tag was registered to the appellant, Larry Hardy, at 2911 6th Avenue South, for a 1970 Chevrolet Monte Carlo.

Officer Stan McConnell of the Birmingham City Police, testified he went to the area of the appellant's residence on March 5, 1980, in response to information he received on a burglary. Around 11:00 a. m. he observed a 1970 black Monte Carlo with pinstripes, followed by a Dodge Challenger, turn into the residence he had been watching, and drive around behind the house. He observed the appellant about to open the front door to enter the house. Officer McConnell shouted for the appellant to stop, and then appellant ran into the house. Officer...

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27 cases
  • Boggan v. State, 6 Div. 32
    • United States
    • Alabama Court of Criminal Appeals
    • May 22, 1984
    ...48 Ala.App. 730, 267 So.2d 520 (Ala.Crim.App.1972); Bills v. State, 49 Ala.App. 726, 275 So.2d 706 (Ala.Crim.App.1973); Hardy v. State, 409 So.2d 996 (Ala.Crim.App.1982); Shorts v. State, 412 So.2d 830 (Ala.Crim.App.1981); Snider v. State, 422 So.2d 807 (Ala.Crim.App.1982). We are of the op......
  • Harris v. State, 3 Div. 503
    • United States
    • Alabama Court of Criminal Appeals
    • August 24, 1982
    ...support any claim whatsoever that appellant requested assistance of counsel prior to making his oral statement. See also, Hardy v. State, 409 So.2d 996 (Ala.Cr.App.1982); Warrick v. State, 409 So.2d 984 In discussing waiver of the Miranda rights, the United States Supreme Court, in North Ca......
  • McLemore v. State, 3 Div. 16
    • United States
    • Alabama Court of Criminal Appeals
    • September 29, 1989
    ...the facts out of which that charge arose. In reviewing a very similar indictment (also charging first degree burglary) in Hardy v. State, 409 So.2d 996 (Ala.Cr.App.1982), this court held that the indictment "was proper in form and substance, being sufficient in and of itself to acquaint app......
  • Holladay v. State, 7 Div. 913
    • United States
    • Alabama Court of Criminal Appeals
    • September 20, 1988
    ...the sound discretion of the trial court. Crawford v. State, Ala.Cr.App., 377 So.2d 145, Ala., 377 So.2d 159 (1979)." Hardy v. State, 409 So.2d 996, 1000 The appellant asserts that his statements were involuntary based on the fact that he had been shot and was possibly on medication at the t......
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