Johnston v. City of Irondale, CR-93-1511
Decision Date | 26 May 1995 |
Docket Number | CR-93-1511 |
Citation | 671 So.2d 777 |
Parties | Richard David JOHNSTON v. CITY OF IRONDALE. |
Court | Alabama Court of Criminal Appeals |
The appellant, Richard David Johnston, was convicted in the municipal court for the City of Irondale of resisting arrest, disorderly conduct, and giving false information to a police officer. He appealed for a trial de novo to the Circuit Court and after that trial was found guilty of all charges. He was sentenced to six months in jail and was fined $1,000 on his conviction for resisting arrest. That sentence was suspended and the appellant was ordered to serve two years on probation. He was sentenced to 60 days in jail and was fined $300 on the conviction for giving false information. On the conviction for disorderly conduct the appellant was sentenced to 60 days in jail and was fined $500.
We remanded this case so that the court could resentence the appellant on his conviction for resisting arrest by setting his fine on that conviction within the statutory limits on fines. Johnston v. City of Irondale, 671 So.2d 776 (Ala.Cr.App.1995). The court complied with our directions and resentenced the appellant, fining him $150.
We now address the remaining issues raised by the appellant on appeal to this court.
The appellant contends that the fact that the solicitor's complaint filed in the circuit court was not signed, denied him due process. This issue was never presented to the trial court.
Stegall v. State, 628 So.2d 1009, 1011 (Ala.Cr.App.1993).
Because the appellant did not object, he has waived this irregularity in the solicitor's complaint.
The appellant further contends that the lack of an arraignment denied him due process of law.
Steeley v. City of Gadsden, 533 So.2d 671, 674-75 (Ala.Cr.App.1988). The appellant has waived any question concerning his arraignment.
The appellant further contends that because he was not represented by an attorney, he was denied due process. The record reflects that the appellant is not indigent. The case was set for trial twice, and on each occasion the appellant appeared without an attorney. The judge postponed the proceedings so that the appellant could employ counsel. The third time the case was set for trial, the judge proceeded with the appellant acting pro se. The appellant did retain counsel before the filing of his motion for a new trial.
Rule 6.1(b), Ala.R.Crim.P., provides:
"If a nonindigent defendant appears without counsel at any proceeding after having been given a reasonable time to retain counsel, the cause shall proceed."
See also Warren v. City of Enterprise, 641 So.2d 1312 (Ala.Cr.App.1994). Under these circumstances, the appellant was not denied due process.
The appellant further contends that he was denied due process when his cases were consolidated. However, this issue is also waived because the appellant failed to object. Jones v. State, 591 So.2d 569 (Ala.Cr.App.1991).
The appellant also contends that he was denied due process because there was no court reporter present to transcript the proceedings.
In Ex parte White, 403 So.2d 292 (Ala.1981), the Alabama Supreme Court stated: See also Old Southern Life Ins. Co. v. Spinato, 57 Ala.App. 416, 329 So.2d 106 (Ala.Civ.App.1976).
Here the appellant availed himself of the procedures in Rule 10, Ala.R.App.P., for securing a record for this court's review. The parties filed their statements of the facts with the trial court, and that court submitted its statement of the evidence for this court's review. Rule 10(d), Ala.R.App.P., states:
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