Vaughn v. State, 8 Div. 154
Decision Date | 07 January 1986 |
Docket Number | 8 Div. 154 |
Citation | 485 So.2d 388 |
Parties | Kenneth Ray VAUGHN v. STATE. |
Court | Alabama Court of Criminal Appeals |
Bryce U. Graham, Tuscumbia, for appellant.
Charles A. Graddick, Atty. Gen., and Mary Ellen Fike Forehand, Asst. Atty. Gen., for appellee.
From a conviction and sentence for the offense of rape in the first degree, in violation of § 13A-6-61, Code of Alabama (1975), this appeal follows.
Appellant was indicted for the offense of rape in the first degree by the Franklin County Grand Jury on March 8, 1984. He filed a motion to quash the venire, which the court denied. He was tried before a duly sworn jury and found guilty of rape in the first degree of his ten-year old daughter. He was sentenced to thirty years in the state penitentiary, pursuant to the Habitual Offender Act. Oral notice of appeal was given at sentencing.
Appellant raises one issue for this court's review. He contends that the jury selection process in Franklin County is unconstitutional and that the jury venire that was prepared and furnished to the trial court by the Alabama Judicial Data Center does not meet the statutory guidelines set forth in § 12-16-55, § 12-16-56, § 12-16-57, or § 12-16-145, Code of Alabama (1975).
Appellant argues that the jury venire in this case, or the master list of jurors, as compiled by the Alabama Judicial Data Center, is made up exclusively from records filed with the Alabama Department of Safety, and only includes those individuals who have drivers' licenses or personal identification cards registered with that Department. Additionally, appellant argues that this method specifically and systematically excludes, from jury service, large numbers of qualified persons who reside in Franklin County, but whose driver's license carries a mailing address which would suggest that they live outside Franklin County.
As the Honorable Judge Harris stated in Williams v. State, 453 So.2d 367, 368 (Ala.Cr.App.1984):
The Franklin County procedure, utilizing holders of Alabama drivers' licenses or identification cards, does not violate current Alabama law. See, Wesley v. State, 424 So.2d 648 (Ala.Cr.App.1982); Lopez v. State, 415 So.2d 1204 (Ala.Cr.App.1982); Williams, supra. "Persons holding drivers' licenses" are expressly recommended in § 12-16-57(a) as sources for names of persons to be included on the master list to foster the "fair cross section" policy of § 12-16-55. Furthermore, the exclusion of those groups of persons cited by appellant does not violate the policy of § 12-16-56, which proscribes the exclusion of a person "on account of race, color, religion, sex, national origin or economic status."
The Franklin County procedure, therefore, complies with current Alabama law, even though it does not attempt to locate for jury...
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