Hildreth v. State

• Decision Date: 28 May 2010
• Docket Number: 2081079.
• Citation: 51 So.3d 344
• Parties: Johnnie HILDRETH v. STATE of Alabama.
• Court: Alabama Court of Civil Appeals

51 So.3d 344

Johnnie HILDRETH

v.STATE of Alabama.

2081079.

Court of Civil Appeals of Alabama.

May 28, 2010.

Johnnie Hildreth, pro se.

Troy King, atty. gen., and J. Matt Bledsoe and Elizabeth E. Utley, asst. attys. gen., for appellee.

PER CURIAM.

The State of Alabama ("the State") filed a complaint seeking the forfeiture of a 2000 BMW automobile (hereinafter "the vehicle") allegedly owned by Johnnie Hildreth. In its complaint, the State allegedthat Latorey Ivory had used the vehicle to traffic cocaine, and, therefore, the State alleged that the vehicle was subject to forfeiture pursuant to § 20-2-93, Ala.Code 1975. Hildreth answered and denied knowledge of any criminal activity in connection with the vehicle.

The State moved for a default judgment alleging that the "defendant" Ivory had failed to answer its complaint. On October 20, 2008, the trial court ordered the forfeiture of the vehicle based on its finding that Ivory had failed to answer or appear at a scheduled hearing. That order failed to mention Hildreth as a defendant to the State's forfeiture complaint.

On March 23, 2009, Hildreth filed in the trial court a second answer in which she specifically asserted her ownership of the vehicle and sought the return of the vehicle. The trial court entered an order on May 4, 2009, scheduling the matter for a final hearing. In its May 4, 2009, order, the trial court stated that it had set aside "[a]ll orders of default." The trial court also later entered orders allowing the parties to take the depositions of certain witnesses who could not be available on the scheduled hearing date.

The trial court conducted the scheduled hearing, at which it received documentary and ore tenus evidence. On July 14, 2009, the trial court entered a judgment in which it made a number of factual findings and ordered that the vehicle be forfeited. Hildreth timely appealed; she appears before this court pro se.

As an initial matter, we note that Hildreth's brief on appeal refers to "the appellants" and that Ivory also signed the brief submitted by Hildreth. However, although Ivory was named as a defendant in the State's forfeiture complaint, in its judgment, the trial court noted that it had earlier entered a default judgment against Ivory and that she had not disputed the correctness of that judgment. At the final hearing, Ivory testified before the trial court that she had no interest in the vehicle, and Ivory did not file a notice of appeal from the trial court's July 14, 2009, judgment. Ivory has not asserted in the brief submitted to this court that she has any interest in the vehicle; in fact, in their reply brief, Hildreth and Ivory contend that Ivory has no interest in the vehicle. Only Hildreth appealed the trial court's July 14, 2009, judgment, and, therefore, Hildreth is the only appellant before this court.

At the ore tenus hearing, the State began its case by establishing that Hildreth is the mother of Bobby Bruce.¹ Lieutenant Steven Hanners of the Eufaula Police Department testified that Bruce was a known drug dealer and that Bruce had three prior drug-related felony convictions; Lt. Hanners stated that he believed he was the case agent on two of the arrests that resulted in those convictions. Lt. Hanners testified that, to his knowledge, Bruce and Ivory had been "boyfriend and girlfriend for quite some time" before the incident that led to the forfeiture of the vehicle at issue in this matter.

According to Lt. Hanners, on February 18, 2008, a "reliable informant" informed him that Bruce and Bruce's girlfriend would be purchasing cocaine in Georgia and transporting it to Alabama in a BMW automobile with certain characteristics. Lt. Hanners's testimony indicated that theinformant later called Lt. Hanners, who was watching for the BMW with a partner, to notify Lt. Hanners that the BMW was traveling to his vicinity and that a woman was driving the vehicle. According to Lt. Hanners, shortly after that call from the confidential informant, Lt. Hanners observed a BMW automobile with the characteristics described by the informant; the vehicle was being driven by a woman. Lt. Hanners testified that he attempted to initiate a traffic stop of the vehicle. Lt. Hanners stated, however, that the driver of the vehicle immediately turned the vehicle around and attempted to elude the officers. It is undisputed that Ivory was the driver and sole occupant of the vehicle during that incident. Lt. Hanners testified that he pursued Ivory as she drove the vehicle in excess of 100 miles per hour and that the vehicle ultimately ran off the road and into a yard. Ivory exited the vehicle and ran, carrying her purse, but she was quickly apprehended and arrested.

Lt. Hanners testified that a search of Ivory's purse revealed a gallon-sized plastic bag that contained what was ultimately determined to be eight ounces of cocaine. Lt. Hanners also stated that another gallon-sized bag containing eight ounces of cocaine was found in the vehicle. In addition, Lt. Hanners testified that approximately one month after Ivory's February 18, 2008, arrest, a confidential informant purchased illegal drugs from Bruce while Ivory was a passenger in a vehicle Bruce was driving but which is also titled in Hildreth's name.²

Ivory admitted that as a result of her arrest on February 18, 2008, she pleaded guilty to a charge of trafficking in cocaine. The record on appeal indicates that Ivory was sentenced to 20 years' incarceration, split to serve 5 years; she was also ordered to pay, among other things, a $50,000 fine.

Hildreth testified that the vehicle at issue in this appeal belonged to her. According to Hildreth, on February 15, 2008, she saw the vehicle while it was being serviced at "A-1 Lube," and she decided she wanted to purchase it. Hildreth testified that she called Bruce to look at the vehicle for her and that he approved her purchase of the vehicle.

Hildreth stated that shortly before February 15, 2008, she received an income-tax refund and that she used that money to purchase the vehicle. According to Hildreth, she gave her daughter $6,500 in cash and the daughter took the money to A-1 Lube to purchase the vehicle. Hildreth stated that when she returned home from helping a relative who had been hospitalized, the vehicle was in her driveway. At the hearing in this matter, Hildreth stated that although the documents pertaining to the sales transactions contained what purported to be her signature, the documents were actually signed by her daughter.

Hildreth submitted into evidence copies of her paycheck stubs indicating her level of income. However, those paycheck stubs were dated around the time of the hearing and did not pertain to the amount of income Hildreth had at the time sheallegedly purchased the vehicle. Hildreth also submitted into evidence a 2007 federal income-tax return that showed that Hildreth had approximately $18,000 in income for 2007 and that she claimed two dependents at that time. In that 2007 federal income-tax return, which was dated January 24, 2008, Hildreth sought an income-tax refund of $5,824. Hildreth's testimony indicates that she received a check from the company that completed her income-tax return. However, Hildreth admitted that she did not have any proof regarding the amount she had actually received as a tax refund.

The State presented evidence disputing Hildreth's account of how the vehicle was purchased. Lt. Hanners testified that drug dealers had realized that the State, pursuant to § 20-2-93, Ala.Code 1975, frequently sought the forfeiture of vehicles that were owned by the drug dealers and used in the furtherance of criminal activity. Therefore, according to Lt. Hanners, those persons engaged in criminal activity often put the names of friends or family members on the titles to their vehicles in an attempt to avoid the application of the forfeiture statute.

Lt. Hanners testified that his investigation into the purchase of the vehicle at issue had revealed that on February 15, 2008, Bruce had purchased the vehicle but had placed the title to the vehicle in Hildreth's name. In an effort to substantiate Lt. Hanners's conclusion, the State presented the following pertinent evidence. David Price, an automobile wholesale dealer, testified that Bruce contacted him by telephone from A-1 Lube and stated that he wanted to purchase the vehicle. According to Price, Bruce told him that he wanted to have the title to the vehicle placed in his mother's name. Price also testified that Bruce left $5,000 in cash with Pam Williams, one of the owners of A-1 Lube, in order to purchase the vehicle and that Price later received that money from Pam Williams. Mark Williams, the other owner of A-1 Lube, testified that a young woman brought $6,000 in cash to A-1 Lube and that it took him 15 minutes to count the money because the bulk of the cash was in $10, $5, and $1 denominations.³

Donna Connell, who is licensed to sell automobiles to retail customers, actually performed the transaction for the sale of the vehicle on behalf of Price. Connell testified that Bruce completed all the paperwork for the sale but that he asked to place the title to the vehicle in Hildreth's name. According to Connell, although the signature on several of the documents read "Johnnie Hildreth," it was Bruce who signed those documents using Hildreth's name.

In her testimony, Hildreth admitted that she knew of one of Bruce's drug-related felony convictions, but she denied knowledge of Bruce's other two drug-related convictions. Hildreth asserted that she was not aware of any criminal activity involving the vehicle on February 18, 2008. Hildreth testified that while she was assisting her sick sister, her daughter called to inform Hildreth that she had allowed Ivory to borrow the vehicle while Ivory was looking for employment. Hildreth testified that she had given her permission for Ivory to use the vehicle on that occasion. Hildreth did not specify the date on which...