Skinner v. State, 7 Div. 229
Decision Date | 26 June 1984 |
Docket Number | 7 Div. 229 |
Citation | 452 So.2d 917 |
Parties | Michael SKINNER v. STATE of Alabama. |
Court | Alabama Court of Criminal Appeals |
William P. Powers, Columbiana, for appellant.
Charles A. Graddick, Atty. Gen. and Patricia E. Guthrie, Asst. Atty. Gen., for appellee.
The appellant was indicted for escape in the first degree in violation of § 13A-10-31, Code of Alabama 1975, and the jury found him guilty as charged in the indictment. Following a Habitual Felony Offender hearing, the appellant was sentenced to life imprisonment in the penitentiary.
The evidence in the case at bar showed that the appellant, Michael Skinner, escaped from the Shelby County Jail sometime between 11:00 p.m. on May 26, 1983, and 5:15 a.m. on May 27, 1983.
During the trial of this case, the State called Harold Walden, a Circuit Judge for the Eighteenth Judicial Circuit, to prove the appellant had been properly incarcerated in the Shelby County Jail during the period when the escape occurred. Judge Walden's testimony concerned a guilty plea he had accepted from the appellant. During the examination of Judge Walden, the following occurred:
The appellant contends this cause should be reversed because the trial judge improperly commented on the evidence. We do not view the trial judge's statement as an improper comment on the evidence. It was merely an explanation of his reasoning in overruling defense counsel's objection. Bedingfield v. State, 47 Ala.App. 677, 260 So.2d 408 (Ala.Crim.App.1972); Cooper v. State, 393 So.2d 495 (1981).
Furthermore, if the trial judge's statement had been found to be an improper comment on the evidence, the error was cured by the trial judge's instructions to the jury as noted.
The motion for mistrial was properly overruled. Shadle v. State, 280 Ala. 379, 194 So.2d 538 (1967) and authorities cited therein.
The appellant objects to the State introducing evidence that he had been previously convicted of a felony. While evidence of the commission of other crimes by the appellant is generally inadmissible to prove bad character, such was not the purpose of the evidence here presented by the State.
Section 13A-10-31(a) Code of Alabama provides:
One of the elements of escape is that the accused has been convicted of a felony. It was necessary for the State, in order to establish this element of the offense at issue, to present evidence of the conviction for which the appellant was incarcerated at the time of the escape. Therefore, we find no basis for reversal on this issue.
Lastly, the appellant contends he was improperly sentenced under the Habitual Felony Offender Act. The State presented evidence of four prior felonies, all of which were based on guilty pleas. Defense counsel contends reversible error occurred because the record does not indicate whether...
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Johnson v. State, 5 Div. 422
...of proving prior convictions is by the introduction of certified copies of the defendant's previous convictions. Skinner v. State, 452 So.2d 917, 920 (Ala.Cr.App.1984). IV The appellant's fourth contention is that the State's exhibit two, a certified copy of a case action summary sheet show......
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Gilmer v. State, CR-94-0981
...the jury to disregard any comments that it made and to determine the relevancy and weight of the testimony for itself. Skinner v. State, 452 So.2d 917 (Ala.Cr.App.1984). The trial court did not err in denying the appellant's motion for a The appellant contends that the trial court erred in ......