State v. Bethel, CR–09–0881.
Decision Date | 30 July 2010 |
Docket Number | CR–09–0881. |
Parties | STATE of Alabamav.Eric Lashawn BETHEL. |
Court | Alabama Court of Criminal Appeals |
OPINION TEXT STARTS HERE
Troy King, atty. gen., and Tracy M. Daniel, asst. atty. gen., for appellant.Roianne Houlton Conner, Montgomery, for appellee.KELLUM, Judge.
Eric Lashawn Bethel was indicted for escape in the first degree, a violation of § 13A–10–31, Ala.Code 1975. During a hearing held for the purpose of accepting Bethel's guilty plea to escape in the first degree as charged in the indictment, the circuit court dismissed the indictment against Bethel. Pursuant to Rule 15.7, Ala. R.Crim. P., the State appeals the circuit court's judgment dismissing Bethel's indictment.
The record indicates that during the guilty-plea hearing held on March 4, 2010, the following occurred:
(R. 4–6.)
The State contends on appeal that the circuit court erred in dismissing the indictment against Bethel because, it argues: (1) a dismissal based on the insufficiency of the evidence was inappropriate; and (2) contrary to the court's finding, the failure to report to the community-corrections program could constitute escape in the first degree.
Rule 13.5(c)(1), Ala. R.Crim. P., lists the grounds that will support a pretrial motion to dismiss an indictment:
“A motion to dismiss the indictment may be based upon objections to the venire, the lack of legal qualifications of an individual grand juror, the legal insufficiency of the indictment, or the failure of the indictment to charge an offense.”
In State v. Foster, 935 So.2d 1216 (Ala.Crim.App.2005), we stated:
935 So.2d at 1216–17. See State v. Anderson, 8 So.3d 1033 (Ala.Crim.App.2008). See also United States v. Sharpe, 438 F.3d 1257, 1263 (11th Cir.2006) ()
Furthermore, in State v. Wright, 976 So.2d 1053 (Ala.Crim.App.2007), this Court held that an inmate sentenced to a community-corrections program may be charged with escape in the first degree under the appropriate circumstances. In so holding, we explained:
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Ankrom v. State
...the pretrial challenge to the sufficiency of the State's evidence. See Doseck, supra, and cases cited therein. See also State v. Bethel, 55 So.3d 377 (Ala.Crim.App.2010) (the circuit court's dismissal of the indictment against Bethel during guilty-plea proceedings after it heard the factual......
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State v. Stallworth
...court's authority to grant a pretrial motion to dismiss the indictment is limited by Rule 13.5(c)(1), Ala. R.Crim. P. State v. Bethel, 55 So. 3d 377, 378–79 (Ala. Crim. App. 2010). Rule 13.5(c)(1) states that a ‘motion to dismiss the indictment may be based upon objections to the venire, th......
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State v. Walker, CR–14–0765.
...trial court's authority to grant a pretrial motion to dismiss the indictment is limited by Rule 13.5(c)(1), Ala. R.Crim. P. State v. Bethel, 55 So.3d 377, 378–79 (Ala.Crim.App.2010). Rule 13.5(c)(1) states that a “motion to dismiss the indictment may be based upon objections to the venire, ......
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State v. Burton
...to the efficacy of the first-degree-escape charge against Bethel. That determination is best left to a jury or other finder of fact.' "55 So.3d at 379-80. See State v. Robertson, So.3d 356 (Ala.Crim.App.2008). "In fact, this Court first recognized this principle in State v. Edwards, 590 So.......