Lane v. State
Decision Date | 18 December 2009 |
Docket Number | CR–07–1354. |
Citation | 66 So.3d 812 |
Parties | Carlton Reashard LANEv.STATE of Alabama. |
Court | Alabama Court of Criminal Appeals |
OPINION TEXT STARTS HERE
March 26, 2010.
Order Overruling Rehearing Applications
April 30, 2010.
Certiorari Denied (as to Defendant)
Aug. 6, 2010
Alabama Supreme Court 1091128.
Joshua J. Lane, Anniston, for appellant.
Troy King, atty. gen., and William D. Little, asst. atty. gen., for appellee.PER CURIAM.
The appellant, Carlton Reashard Lane, was convicted of murdering Christopher Toson, a violation of § 13A–6–2, Ala.Code 1975, and was sentenced pursuant to the Habitual Felony Offender Act (“HFOA”) to 120 years in the state penitentiary.
Lane does not challenge the sufficiency of the evidence to convict him; thus, only a brief recitation of the facts is necessary. The State's evidence tended to show the following. On November 9, 2006, Lane, Keyonte Chick,1 and Randy Pearson planned to rob a man named Chris because they believed that he had in his possession a large sum of money. Chick testified that the three drove past Norwood Homes, a housing project in Anniston. As they approached the housing project Lane told Pearson, who was driving, to stop the vehicle. Lane and Chick got out of the vehicle and approached a group of men—Toson, Joseph Ingram, Jaydee Turmon, and Travis Turner—who were sitting around the front of one of the apartments. Lane accused Toson of pulling a gun on him, and Lane appeared to reach into his pocket. Toson fled. Lane pulled a gun from his pocket and started firing at Toson as he was running away. Chick testified that he also fired his weapon but that he was pointing his gun in the air. Ingram, Turner, and Chick all testified that Lane was the shooter. Dr. Adel Shaker, the medical examiner, testified that Toson died as a result of a gunshot wound to his heart.
I.
Lane argues that the circuit court abused its discretion when it denied his request for a continuance to secure the testimony of Phillip Talley. Specifically, Lane argues that Talley could have testified that he overheard Chick tell someone that Chick was responsible for Toson's death.
The record shows that, after the State rested, defense counsel informed the court that Talley would be their first defense witness. The circuit court noted that it would take six hours to transport Talley to the courthouse from the Ventress Correctional Facility in Clayton. The State questioned the value of Talley's testimony, and the circuit court asked Lane to make an offer of proof as to Talley's expected testimony. Lane informed the court that Talley would testify that he overheard Keyonte Chick say that he was responsible for Toson's murder.2 The circuit court refused to delay the trial after finding that Talley's testimony would be inadmissible hearsay.
Smith v. State, 698 So.2d 189, 205 (Ala.Crim.App.1996).
Lane argues that Talley's testimony would have been admissible under Rule 801(d)(2), Ala. R. Evid., as an admission of a party opponent. Rule 801(d)(2), Ala. R. Evid., states:
As the circuit court stated, Lane offered no explanation as to how Talley's testimony fit within any exception to the hearsay rule. Also, Johnson v. State, 820 So.2d 842, 867 (Ala.Crim.App.2000). Lane failed to establish that Talley's testimony would be admissible. Thus, the circuit court did not abuse its discretion in denying Lane's request to delay the trial in order to transport Talley from the Ventress Correctional Facility in Clayton.
II.
Lane next argues that his sentence of 120 years is cruel and unusual punishment. Specifically, Lane contends that his sentence is disproportionate to the nature of his offense and is unconstitutional.
First, we must determine whether Lane's sentence exceeds the limits set by statute. This Court has a duty to notice jurisdictional defects ex mero motu. See Nunn v. Baker, 518 So.2d 711 (Ala.1987). “A sentence that exceeds the maximum allowed by law is an illegal sentence affecting the trial court's jurisdiction.” Wallace v. State, 959 So.2d 1161, 1165 (Ala.Crim.App.2006).
Lane was convicted of murder—a Class A felony. Section 13A–5–6(a), Ala.Code 1975, provides, in pertinent part:
“(a) Sentences for felonies shall be for a definite term of imprisonment, which imprisonment includes hard labor, within the following limitations:
“(1) For a Class A felony, for life or not more than 99 years or less than 10 years.”
However, Lane had two prior felony convictions and his sentence was due to be enhanced under the HFOA. Section 13A–5–9(b), Ala.Code 1975, states, in pertinent part:
“(b) In all cases when it is shown that a criminal defendant has been previously convicted of any two felonies and after such convictions has committed another felony, he or she must be punished as follows:
“....
(3) On conviction of a Class A felony, he or she must be punished by imprisonment for life or for any term of not less than 99 years.”
Also, § 13A–5–2(a), Ala.Code 1975, provides: “Every person convicted of a felony shall be sentenced by the court to imprisonment for a term authorized by Sections 13A–5–6, 13A–5–9, and 13A–5–10.”
This Court in Smith v. State, 447 So.2d 1327 (Ala.Crim.App.1983), considered whether the circuit court's 45–year sentence for Smith's conviction for manslaughter, a Class C felony where a firearm was used, was a legal sentence. The applicable statute, § 13A–5–6(a)(5), Ala.Code 1975, provided that the sentence should be for “not less than 10 years.” Section 13A–5–6(a)(3), provided that for a Class C felony the sentence not exceed 10 years. In finding that Smith's sentence exceeded the statutory 10–year maximum, we stated:
“....
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