Sheridan v. State, CR-90-315
| Decision Date | 31 May 1991 |
| Docket Number | CR-90-315 |
| Citation | 591 So.2d 129 |
| Parties | James Edward SHERIDAN v. STATE. |
| Court | Alabama Court of Criminal Appeals |
Wesley L. Laird, Opp, for appellant.
James H. Evans, Atty. Gen., and Beth Jackson Hughes, Asst. Atty. Gen., for appellee.
In a two-count indictment, James Edward Sheridan was charged with the unlawful possession of a controlled substance in violation of § 13A-12-212, Code of Alabama 1975, and the unlawful distribution of a controlled substance in violation of § 13A-12-211, Code of Alabama 1975. The State subsequently dismissed the unlawful distribution count. The jury found Sheridan guilty of the unlawful possession of a controlled substance as charged in the indictment, and he was sentenced as a habitual offender to eight years' imprisonment. Four issues are raised on appeal.
In his motion to suppress and again at trial, Sheridan objected to the search of his motor vehicle, a van, on the ground that there was no evidence of probable cause, in violation of the Fourth and Fifth Amendments to the United States Constitution. On appeal Sheridan now argues that the State failed to establish that probable cause existed for the search of his van because the State failed (1) to prove the reliability of the informant, (2) to verify the basis of the informant's knowledge, (3) to refute the showing of interest on the informant's part, and (4) to produce the tape recording of the conversation between Sheridan and the informant, which allegedly formed the basis of the State's probable cause.
A defendant is bound by the grounds of objection stated at trial and may not expand those grounds on appeal. Bell v. State, 435 So.2d 772, 776 (Ala.Cr.App.1983). The trial court will not be placed in error on grounds not raised at trial. Reeves v. State, 456 So.2d 1156, 1160 (Ala.Cr.App.1984).
"A general objection which does not specify grounds preserves nothing for review unless the ground is so obvious that the court's failure to act constitutes prejudicial error, ... or unless the objected to matter is clearly not proper for any purpose...."
Samuel v. State, 455 So.2d 250, 252 (Ala.Cr.App.1984).
Sheridan is therefore barred by the general ground for his objection stated in his suppression motion and at trial and may not now expand that ground to include the four specific grounds raised on appeal.
We note that although this issue was not preserved for appeal, the police officers had probable cause to search Sheridan's van under the probable cause coupled with exigent circumstances exception to the warrant requirement. Probable cause exists where all the facts and circumstances within the officer's knowledge are sufficient to warrant a person of reasonable caution to conclude that an offense has been or is being committed and that contraband would be found in the place to be searched. State v. Hammac, 546 So.2d 392 (Ala.Cr.App.1989). Exigent circumstances exist whenever the object to be searched is mobile, such as an automobile. Perry v. State, 549 So.2d 119 (Ala.Cr.App.1988).
On March 15, 1990, Denny Merritt, an investigator for the Covington County Sheriff's Department, was approached by Robert Gundrum, a confidential informant, who supplied some information. Based on this information, Merritt decided to place a microphone on Gundrum, who was to try to purchase cocaine from Sheridan. Merritt and Captain Jerry Newton of the Andalusia Department of Public Safety heard the conversation between Gundrum and Sheridan that occurred in the parking lot of the Flamingo Club. Merritt and Newton heard Sheridan ask Gundrum whether he wanted a $10 or $20 piece. Sheridan then told Gundrum that he was getting a good size rock for $20. After the transaction occurred, Merritt and Newton approached Sheridan's van and apprehended Sheridan.
The facts and circumstances within the knowledge of the two officers were sufficient to warrant a person of reasonable caution to believe that an offense had been committed and that further contraband could be found in Sheridan's vehicle. Hence, the trial court properly denied Sheridan's motion to suppress.
Sheridan contends that the trial court committed reversible error when it allowed Deputy Merritt to testify concerning the conversation between Sheridan and the informant, which Merritt heard over the electronic transmitter.
During the prosecutor's examination of Merritt, the following occurred:
It is well settled that the acts, declarations, and demeanor of an accused before or after the offense, whether a part of the res gestae or not, are admissible against him, but that unless they are a part of the res gestae they are not admissible for him. Smoot v. State, 381 So.2d 668 (Ala.Cr.App.1980). This court has also stated that "[a]ny conduct or declaration of a person having relation to the offense he is suspected of or charged with, indicating a consciousness of guilt, is admissible evidence against him." Sparks v. State, 376 So.2d 834, 843 (Ala.Cr.App.1979).
In the case sub judice, Sheridan's statements heard over the electronic transmitter were admissible to show a consciousness of guilt on Sheridan's part and were properly admitted into evidence against Sheridan.
Sheridan contends that the trial court erred when it sustained the State's objection to the introduction into evidence of a certified copy of a charge against the informant which had been nol-prossed by the State. Sheridan asserts that he had the right to present evidence to the jury during Merritt's testimony that showed the informant's interest in the investigation and subsequent outcome of Sheridan's trial.
A determination of the admissibility of evidence rests within the discretion of the trial court and will not be disturbed on appeal absent a clear showing of an abuse of that discretion. Mitchell v. State, 473 So.2d 591 (Ala.Cr.App.1985). It is axiomatic that evidence must be material and relevant before it can be considered by the trier of fact. Material evidence is "that quality of evidence which tends to influence the factfinder because of its logical connection or pertinency to the disputed issue." Dawkins v. State, 455 So.2d 220, 221 (Ala.Cr.App.1984). Relevant evidence "has some tendency to make the existence of any fact or inference that is of consequence to the determination of the action more or less probable than it would be without the evidence." Dawkins, supra, 455 So.2d at 221.
The informant did not testify as a witness in Sheridan's trial. Hence, the question of whether the informant might have had an interest in the investigation and outcome of Sheridan's trial was not relevant to Merritt's testimony, especially in light of the fact that Merritt had no knowledge about the charge against the informant or the subsequent nolle prosse. Because Sheridan did not subpoena the informant as a witness at his trial, he cannot now complain that he was unable to admit into evidence the certified copy of the charge against the informant, which was later nol-prossed.
Because, moreover, the probable cause for the search and for Sheridan's arrest was based on what the officers actually heard Sheridan say to the informant, the reliability of the informant had no logical connection or pertinency to any disputed issue during Sheridan's trial. The trial court therefore properly sustained the State's objection to the admissibility of the certified copy of the charge against the informant.
Sheridan contends that the...
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