Hollaway v. State

• Decision Date: 25 May 2007
• Docket Number: CR-05-2165.
• Citation: 979 So.2d 839
• Parties: Timothy Darrell HOLLAWAY v. STATE of Alabama.
• Court: Alabama Court of Criminal Appeals

979 So.2d 839

Timothy Darrell HOLLAWAY v. STATE of Alabama.

CR-05-2165.

Court of Criminal Appeals of Alabama.

May 25, 2007.

Britt Cauthen, Decatur; and Ralph E. Slate Decatur, for appellant.

Troy King, atty. gen., and Marc Bass, asst. atty. gen., for appellee.

WISE, Judge.

The appellant, Timothy Darrell Hollaway, was convicted of two counts of unlawful possession of a controlled substance, a violation of § 13A-12-212, Ala.Code 1975; one count of attempted manufacture of a controlled substance, a violation of § 13A-12-218, Ala.Code 1975; one count of second-degree possession of marijuana, a violation of § 13A-12-214, Ala.Code 1975; one count of possession of drug paraphernalia, a violation of § 13A-12-260, Ala. Code 1975; and one count of attempting to evade a police officer, a violation of § 32-5A-193, Ala.Code 1975. For the two possession-of-a-controlled-substance convictions, he was sentenced to two five-year concurrent sentences; that sentence were split, and he was ordered to serve 2 years with the balance suspended followed by 5 years' probation. For his attempted-manufacture-of-a-controlled-substance conviction, he was sentenced to 15 years' imprisonment to run concurrently; that sentence were split, and he was ordered to serve 3 years' imprisonment with the balance suspended followed by 5 years' probation. For his possession-of-marijuana conviction, he was sentenced to 12 months' imprisonment to run concurrently. For his possession-of-drug-paraphernalia conviction, he was sentenced to 12 months' imprisonment to run concurrently. For his attempting-to-evade conviction, he was sentenced to 3 months' imprisonment to run concurrently with all of his other convictions. Mandatory statutory fines were assessed, and Hollaway was ordered to pay attorney fees and court costs.

The record established that on December 12, 2004, Deputy Doug Key of the Morgan County sheriff's office attempted to serve process in a civil matter on Timothy Hollaway at his residence at 806 Hodges Street in Hartselle. While serving the papers, he detected an odor that he recognized from his training and experience to be consistent with the manufacture of methamphetamine. Deputy Key left the residence but continued surveillance at the residence and observed a truck leaving the residence. Other officers were called to pursue the driver of the truck, Belinda Williams; those officers apprehended Williams and placed her under arrest for an outstanding warrant. Deputy Key contacted Investigator Jim England of the drug task force about the suspected illegal activity at the residence, and England obtained a search warrant for the premises.

Later that evening, Investigator England, Agent Steven Siaja, and Deputy Doug Key of the Morgan County Sheriff's Department, Lt. Rutherford and Agent Ana Franklin of the Decatur Police Department organized crime unit, and Sgt. Faron White of the Decatur Police Department executed a search warrant on Timothy Hollaway's residence. After knocking and announcing their presence, the officers forcibly entered the residence. Upon their entry, they found Hollaway and Jennifer Bradford in the master bedroom. Following Hollaway's direction, the officers found numerous precursor chemicals and items used in the manufacture of methamphetamine. Among the items found were an air purifier, a set of digital scales, extracted red phosphorous, hydrogen peroxide, coffee filters, a bottle of ether, an electric cooking plate, a bottle of tincture of iodine, sulphuric acid, a hydrogen gas generator, Coleman brand camp-stove fuel, pseudoephedrine residue, "Red Devil" brand lye, a pipe containing marijuana, a hypodermic syringe and a glass pipe containing methamphetamine, various guns, and an instruction booklet on how to manufacture methamphetamine.

At the conclusion of the search, Hollaway was arrested and taken to the Morgan County jail. After being advised of his Miranda¹ rights, Investigator England asked Hollaway if he wished to make a statement about the items discovered in his residence. Hollaway then made a statement that he was producing methamphetamine in the house and that all the equipment, precursor chemicals, marijuana, and drug paraphernalia belonged to him. Forensic testing was performed on the substance believed to be pseudoephedrine, which confirmed that it was indeed pseudoephedrine.

On January 5, 2005, based on information gained from a confidential informant, another search warrant was executed on Hollaway's residence by Agent Siaja, Agent Franklin, and Lt. Rutherford. Agent Siaja had gained information that there was probably a significant quantity of methamphetamine at the residence. When officers entered the residence, Hollaway was not home. When the officers stepped outside to move their vehicles, Hollaway drove past the residence and ran a stop sign in an apparent attempt to avoid whoever was at his residence. Agent Siaja gave chase, turning on his blue lights. With assistance from the Hartselle Police Department, Agent Siaja pursued Hollaway for 45 minutes, traveling at speeds between 50 and 80 miles per hour. Hollaway continued to elude Agent Siaja until he was finally forced to stop approximately one block from his residence.

Officers took Hollaway into custody and brought him inside the residence. The residence was then searched. Officers had to chisel the hinges off the safe in the master bedroom, because they did not have a key or the combination.² Officers found methamphetamine and 53 Xanax pills in the safe in Hollaway's master bedroom. They also discovered two ounces of marijuana, a set of digital scales, a glass pipe, and various other components consistent with the manufacture of methamphetamine in the safe. Hollaway testified that, other than law enforcement during the first search of his residence, no one had the key or combination to his safe.

On the basis of the search, Hollaway was charged with two counts of unlawful possession of a controlled substance, one count of second-degree possession of marijuana, one count of attempt to manufacture a controlled substance, and one count of unlawful possession of drug paraphernalia, together with the traffic violations of reckless driving and attempting to elude a police officer.

At trial, Hollaway testified that he had no knowledge of the purpose of the components law-enforcement officers seized from his home. He stated that the items belonged to Eric Gatlin. According to Hollaway, Gatlin had a key to the residence and had left some items in bags and boxes in the kitchen. Hollaway admitted to possession of the Xanax pills, but disputed the quantity seized. He denied possessing marijuana or drug paraphernalia.

I.

On appeal, Hollaway claims that the trial court erred when it denied his motion for a judgment of acquittal. He appears to argue that there was insufficient evidence to submit the possession-of-a-controlled-substance, methamphetamine, and attempted-manufacture-of-a-controlled-substance counts to the jury. He contends that the State's evidence merely amounted to a prima facie case of constructive possession and that it was not affirmatively proven that he was in exclusive control of the materials law-enforcement officers found in his residence.

"`"In determining the sufficiency of the evidence to sustain a conviction, a reviewing court must accept as true all evidence introduced by the State, accord the State all legitimate inferences therefrom, and consider all evidence in a light most favorable to the prosecution."' Ballenger v. State, 720 So.2d 1033, 1034 (Ala.Crim.App.1998), quoting Faircloth v. State, 471 So.2d 485, 488 (Ala.Crim. App.1984), aff'd, 471 So.2d 493 (Ala. 1985). `"The test used in determining the sufficiency of evidence to sustain a conviction is whether, viewing the evidence in the light most favorable to the prosecution, a rational finder of fact could have found the defendant guilty beyond a reasonable doubt."' Nunn v. State, 697 So.2d 497, 498 (Ala.Crim.App. 1997), quoting O'Neal v. State, 602 So.2d 462, 464 (Ala.Crim.App.1992). `"When there is legal evidence from which the jury could, by fair inference, find the defendant guilty, the trial court should submit [the case] to the jury, and, in such a case, this court will not disturb the trial court's decision."' Farrior v. State, 728 So.2d 691, 696 (Ala.Crim.App. 1998), quoting Ward v. State, 557 So.2d 848, 850 (Ala.Crim.App.1990). `The role of appellate courts is not to say what the facts are. Our role ... is to judge whether the evidence is legally sufficient to allow submission of an issue for decision [by] the jury.' Ex parte Bankston, 358 So.2d 1040, 1042 (Ala.1978).

"`The trial court's denial of a motion for judgment of acquittal must be reviewed by determining whether there was legal evidence before the jury at the time the motion was made from which the jury by fair inference could find the defendant guilty. Thomas v. State, 363 So.2d 1020 (Ala.Cr.App.1978). In applying this standard, this court will determine only if legal evidence was presented from which the jury could have found the defendant guilty beyond a reasonable doubt. Willis v. State, 447 So.2d 199 (Ala.Cr.App.1983). When the evidence raises questions of fact for the jury and such evidence, if believed, is sufficient to sustain a conviction, the denial of a motion for judgment of acquittal does not constitute error. McConnell v. State, 429 So.2d 662 (Ala.Cr.App. 1983)."

Gavin v. State, 891 So.2d 907, 974 (Ala. Crim.App.2003) (quoting Ward v. State, 610 So.2d 1190, 1191 (Ala.Crim.App.1992)). See also Ward v. State, 814 So.2d 899, 908-10 (Ala.Crim.App.2000).

"`Circumstantial evidence alone is enough to support a guilty verdict of the most heinous crime, provided the jury believes beyond a reasonable doubt that the accused is guilty.' White v. State, 294 Ala. 265, 272, 314 So.2d 857, cert. denied, 423 U.S. 951, 96 S.Ct. 373, 46 L.Ed.2d 288 (1975). `Circumstantial evidence is in...