Myers v. State
Myers v. State
Opinion
The appellant, Billy Ray Myers, was convicted of one count of robbery in the first degree, a violation of §
The state's evidence tended to show that on October 13, 1993, the appellant abducted 21 year-old A.B. in Enterprise, Alabama. A.B. and the appellant had been coworkers and the appellant offered to let A.B. live in one of his mobile homes after she lost her job. A.B. testified that as they were driving *Page 809 to view the mobile home the appellant drove into the woods and chained her to a tree. The appellant forced A.B. to remove her clothes and then tried to solicit her to work for him as a prostitute and drug seller. A.B. refused, and the appellant eventually released her. The appellant threatened to kill A.B. if she told anyone what had happened.
Approximately one month later, on November 6, the appellant asked his sister-in-law, B.L., and her 13-year-old daughter, L.L., to go riding with him in his truck while he looked for deer tracks. As they were returning home the appellant stopped the truck and pointed a gun at B.L.'s head. The appellant ordered the victims to walk into the woods where he chained B.L. to a tree. The appellant took L.L. to another location where he proceeded to have sexual intercourse with her. About an hour later, the appellant returned and unchained B.L. The appellant returned the victims to their home and threatened to kill them if they told the police what had happened.
Similarly, the appellant contends that the evidence was insufficient to support his conviction for the kidnapping of A.B. because, he says, 1) A.B.'s uncorroborated testimony provided the only evidence of the crime and 2) there was no showing of an intent to "secretly confine or imprison" the victim.
First, " 'a jury may believe or disbelieve all or any part of the testimony presented by either side, and even when all of the evidence against an accused comes from the victim, the jury may believe such uncorroborated testimony beyond a reasonable doubt and convict the accused.' " Robinson v. State,
"To restrain a person with intent to prevent his liberation by either:
"(a) Secreting or holding in a place where he is not likely to be found, or
"(b) Using or threatening to use deadly physical force."
The state established a prima facie case of second degree kidnapping against the appellant when A.B. testified that the appellant transported her to the woods against her will, chained her to a tree, and threatened to kill her.
Ex parte Perry, 586 So.2d at 250."I. Is there a theory, generally accepted in the scientific community, that supports the conclusion that DNA forensic testing can produce reliable results?
"II. Are there current techniques that are capable of producing reliable results in DNA identification and that are generally accepted in the scientific community?
"III. In this particular case, did the testing laboratory perform generally accepted scientific techniques without error in the *Page 810 performance or interpretation of the tests?"
The appellant's claim addresses the third prong of thePerry test. Faron Brewer, a forensic serologist with the Alabama Department of Forensic Sciences, testified in detail as to how the tests were conducted and the quality control measures taken to insure the tests results were error-free. Brewer also testified concerning the calculation, interpretation, and reliability of the population frequency statistics. The appellant argues that the state was required to offer some sort of corroborative evidence to meet its burden of proof, such as the actual autoradiograph or a copy of the data pool on which the various calculations were based. The appellant offers no, and neither can we can find, case law to support such an assertion. This is not a requirement set out inPerry.
The appellant also contends that the state failed to comply with the discovery orders of the court concerning the DNA evidence. However, this issue was not preserved for review because it is raised for the first time on appeal. Barger v.State,
"An unauthorized contact between the jurors and a witness does not necessarily require the granting of a mistrial. It is within the discretion of the trial court to determine whether an improper contact between a juror and a witness was prejudicial to the accused." Ex parte Weeks,
Here, there is no indication in the record that the jurors' conversations were anything other than brief and innocent. The facts of the case were never discussed and there was no evidence of willful concealment. Moreover, the trial court stated that the courtroom conditions made chance meetings between the various individuals involved in the case inevitable. Each juror was examined by the court and stated that he or she could render a fair and impartial verdict based solely on the evidence. Consequently, the appellant cannot show that he suffered any prejudice. "[A] mistrial is a drastic remedy, to be used only sparingly and only to prevent manifest injustice." Ex parte Thomas,
"It is well settled under Alabama law that matters not objected to at trial cannot be raised or considered for the first time on appeal." Barger, 562 So.2d at 656. Moreover, this court has refused to apply the "plain error" doctrine to any case that does not involve the death penalty. See Thomas v.State,
For the foregoing reasons, the appellant's convictions and sentences are due to be affirmed.
AFFIRMED.
All the Judges concur.
Reference
- Full Case Name
- Billy Ray Myers v. State.
- Cited By
- 10 cases
- Status
- Published