Minnifield v. State, 2 Div. 291

• Decision Date: 20 January 1981
• Docket Number: 2 Div. 291
• Citation: 397 So.2d 189
• Parties: John Willie MINNIFIELD v. STATE.
• Court: Alabama Court of Criminal Appeals

Page 189

397 So.2d 189

John Willie MINNIFIELD v. STATE.

2 Div. 291.

Court of Criminal Appeals of Alabama.

Jan. 20, 1981.

Rehearing Denied Feb. 24, 1981.

William S. Poole, Jr., Demopolis, for appellant.

Charles A. Graddick, Atty. Gen., and Mark R. Ulmer, Asst. Atty. Gen., for appellee.

HARRIS, Presiding Judge.

Appellant was convicted of burglary in the second degree and the court sentenced him to ten years imprisonment in the penitentiary. At arraignment, in the presence of counsel, he waived reading the indictment and pleaded not guilty. After sentence was imposed he gave notice of appeal and was furnished a free transcript. Counsel was appointed to represent him on appeal.

Prior to trial appellant filed a motion to suppress any and all items seized by the officers from his person or automobile on the date of his arrest on the grounds that no probable cause existed for stopping his automobile and conducting a search, and there was no voluntary consent to search either the automobile or his person.

At the conclusion of the suppression hearing the court made and entered of record the following findings of facts:

"The Court having been presented with a Motion to Suppress the evidence filed by the Defendant, and the Court after considering the evidence presented in open Court, is of the opinion that the motion is not due to be granted and that the search and subsequent seizure of the items from the automobile of the Defendant was proper under the circumstances. The Court finds that:

"1. The Chief of Police of Demopolis, Alabama, noticed lights were turned on in a building in downtown Demopolis about 11:30 P.M. on a Saturday night. About one block away, Officer Brock saw a man walking near the railroad tracks carrying something. He attempted to locate the man after he circled the block but did not again see him.

"2. The police discovered that Spiller Furniture Company, (the building where the lights were on) had been entered, the safe opened and the contents taken. Shortly after ascertaining that the store had been entered, the police discovered an automobile parked about a block and one-half away. The automobile was backed into some bushes near the railroad depot and was about 90 feet off of the street. The area was not where an automobile would normally be parked. The police were instructed to watch the auto and the tag number was checked with the State.

"3. Officer Brock observed that auto that had been backed into the bushes, travelling south on the same street near where it was parked. It was seen at 3:00 A.M. and about three blocks from where it had been parked. Downtown Demopolis is not a beehive of activity at 3:00 A.M. on a Sunday morning; in fact, very few autos can be seen.

"4. Officer Brock stopped the automobile driven by the Defendant and shortly thereafter, several officers questioned the Defendant at the place where he was stopped while his auto was still running. The Defendant informed the officers he was going to Mississippi and had car trouble. He voluntarily removed a trunk key from his key ring without turning off the ignition and gave it to the policemen and told them they could search his trunk. The officers discovered tools and equipment of a type used by burglars. The Defendant told the police he had a prior criminal record and had served time in the penitentiary for burglary.

"5. At this time, Chief Johnson reached under the driver's seat and found a bag of money that had been removed from the safe at Spiller's Furniture Company. On the seat of the car was a letter opener that had been taken from Attorney William Coplin's office, which is located above and adjacent to Spiller Furniture Company. The Defendant was placed under arrest after the bag containing the money was found.

"The Court is of the opinion that the officers had probable cause to stop the vehicle driven by the Defendant and to search the vehicle because of the exigent circumstances. The location of the vehicle prior to the Defendant being stopped, the nearness of the vehicle to the crime, the fact that the Defendant informed the police he had been convicted of a previous crime, the consent to search his trunk, the burglary tools located in the trunk, the time of the early morning, and all attendant circumstances provided probable cause to the officer to stop the Defendant and search his vehicle. Indeed, had the police failed to stop the Defendant under these circumstances, they would have been ridiculed for allowing the guilty party to escape.

"It is, therefore, ORDERED by the Court that the Motion to Suppress the evidence is denied, and the State shall be allowed to introduce into evidence, the items taken from the automobile of the Defendant.

"DONE and ORDERED this, the 29th day of February, 1980."

When the case came on for trial appellant made known to the court that he desired to represent himself. There was a long colloquy between the court and the appellant covering four pages of the transcript in which the court pointed out the disadvantages of not having a lawyer to represent him. He told appellant that a lawyer was familiar with the rules of evidence and would know when to object and that he was not trained and learned in the law. He assured appellant that he would appoint a lawyer to represent and defend him without cost to him. Appellant told the court that he understood everything the court was telling him but he preferred to represent himself. The court asked him if he was familiar with trial proceedings and he replied that he was and understood the legal process. The court asked how many times he had been convicted and he stated about three times. The court asked appellant if he was making a knowing and intelligent waiver that "you don't want a lawyer" and appellant said, "yes, sir." The court then stated, "I can't make you have one, but if you don't want one you can proceed yourself." Appellant replied, "Yes, sir. I appreciate that." The court then asked: "Do you understand that I will appoint one?" Appellant stated, "I understand."

Mr. William S. Poole, Jr., had been appointed to represent appellant but appellant was adamant in his desire to represent himself. The court then told appellant he would ask Mr. Poole to sit by him and let him ask Mr. Poole any question he would like to ask him, "if you'd like to do that," and appellant stated, "That will be fine." The court: "In other words, he wouldn't say anything; he'd just be there to sit at the table with you and you would handle your own defense and if you wanted to ask him anything Do you want to do that?" Appellant replied, "Yes, sir; that will be fine." The court: "Mr. Poole, you will be his table counsel."

The trial court went to great lengths in pointing out to appellant the dangers and disadvantages of self-representation but he disregarded the advice given by the court. He knowingly and intelligently waived his right to court appointed counsel. His choice to represent himself was made with his eyes wide open. The trial court could not force appellant to accept the aid and assistance of court appointed counsel. Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562.

The sufficiency of the evidence is not presented for review. There was no motion to exclude the State's evidence; no request for the affirmative charge; no exceptions to the oral charge of the court, and no motion for a new trial.

The Grand Jury of Marengo County returned two indictments against appellant charging him with the burglary of Spiller Associated Furniture Stores, Inc., and the law offices of William T. Coplin, all in the City of Demopolis, Alabama. He was convicted for the burglary of the furniture store and appealed to this court. His conviction was affirmed on October 7, 1980, 390 So.2d 1146 (Ala.Cr.App.) and certiorari was denied on December 19, 1980, 390 So.2d 1154 (Ala.)

Evidence presented by the State showed that, on September 8, 1979, at approximately 11:30 p. m., Demopolis Policeman Johnny Brock was patrolling the town of Demopolis, Alabama, when he saw a man, wearing dark clothing and carrying something, walk quickly across Main Street. Brock completed his drive around the block, but, when he returned, the individual had disappeared. At that point, Brock heard a radio report concerning lights found on in Spiller Furniture Company and the discovery of an open back door at Spiller's. Brock advised headquarters that he had seen a man walking across the street west of Spiller, then continued to patrol, looking for that person. After hearing a radio report that Officer Hoven had discovered a car, Brock proceeded to the Southern Railway Depot, which was located approximately one block west of where he had seen the man crossing the street. At the depot, Brock examined the white Plymouth, which was backed into bushes. From the outside of the car, he saw a light colored suit on the back seat. Brock testified, "When we were patrolling the area we had three or four cars in the area and we just kept an eye on the car to see if it moved."

Brock continued to search the area, and, at approximately 3:00 a. m., he saw the white Plymouth moving south on the street on which the Southern Depot was located. He confirmed the tag number, then stopped the vehicle. At that point, Brock knew about the Spiller Company burglary, but he had not been notified about the burglary at Mr. Coplin's office. According to Brock, the occupant of the car, identified by his driver's license, was John Willie Minnifield, who was wearing the suit Brock had seen on the back seat of the car. Other officers were notified that the appellant had been stopped, and they, shortly thereafter, arrived on the scene. Brock testified that Chief Johnson asked permission from the appellant to search his vehicle and that the appellant agreed to the search. A trash bag containing toilet articles and underwear was found on the back floorboard. According to Brock, when Johnson asked for...