Smiley v. State
Smiley v. State
Opinion of the Court
The State of Alabama, pursuant to Rule 39, Ala. RApp. P., petitioned this Court for a writ of certiorari to review whether the Court of Criminal Appeals erred in reversing the trial court’s judgment revoking Troy Andrew Smiley’s probation. We
Underlying Facts and Procedural History
On June 13, 2008, Smiley pleaded guilty in the Lee Circuit Court to the unlawful possession of drug paraphernalia. He was sentenced to one year’s imprisonment; however, the trial court suspended the sentence and placed Smiley on supervised probation for one year. Almost three months before his sentencing on the unlawful-possession conviction, Smiley was involved in the murder of Jeffery Blake Stone. The following facts detailing Smiley’s involvement in the murder are outlined chronologically in a statement he made to an investigator at the Etowah County Sheriffs Office:
On July 24, 2008, the trial court issued a “probation tolling order” and issued a warrant for Smiley’s arrest based on Smiley’s alleged commission of a new offense — murder. On September 4, 2008, the trial court conducted a probation-revocation hearing. Jeff Hopper, a criminal investigator with the Etowah County Sheriffs Office, testified at the hearing regarding his interviews with Smiley. Smiley’s statement to Hopper detailing the events surrounding the murder was also read into evidence at the hearing. On September 18, 2008, the trial court entered the following order revoking Smiley’s probation:
“[A]lthough the Etowah County murder took place prior to the time of [Smiley’s] June 13, 2008, plea, conviction, and probation in Lee County for [the unlawful possession of drug paraphernalia], [Smiley] violated his probation. According to [Smiley’s] statement, he participated in contemporaneous events intended to cover up the murder, which would be part of the res gestae of the charged crime, up until his confession on July 1, 2008.”
(Emphasis added.)
Smiley appealed his probation revocation to the Court of Criminal Appeals, which reversed the trial court’s order revoking Smiley’s probation. Smiley v. State, 52 So.3d 563 (Ala.Crim.App. 2009). The Court of Criminal Appeals, relying on Rutledge v. State, 512 So.2d 824 (Ala.Crim.App. 1987), concluded that “[b]ecause the [trial] court relied on alleged misconduct by Smiley that occurred almost three
Standard of Review
The trial court in this case entered its judgment after hearing testimony from Investigator Hopper regarding his interviews with Smiley and after hearing the details contained in Smiley’s statement to Hopper, which was read into evidence. Hence, the ore tenus rule applies to the trial court’s findings of fact.
“ ‘The ore tenus rule provides that a trial court’s findings of fact based on oral testimony “have the effect of a jury’s verdict,” and that “[a] judgment, grounded on such findings, is accorded, on appeal, a presumption of correctness which will not be disturbed unless plainly erroneous or manifestly unjust.” Noland Co. v. Southern Dev. Co., 445 So.2d 266, 268 (Ala. 1984). “The ore tenus rule is grounded upon the principle that when the trial court hears oral testimony it has an opportunity to evaluate the demeanor and credibility of witnesses.” Hall v. Mazzone, 486 So.2d 408, 410 (Ala. 1986).’
“Ex parte Anonymous, 803 So.2d 542, 546 (Ala. 2001). ‘The trial court’s judgment in cases where the evidence is heard ore tenus will be affirmed, if, under any reasonable aspect of the testimony, there is credible evidence to support the judgment.’ River Conservancy Co., L.L.C. v. Gulf States Paper Corp., 837 So.2d 801, 806 (Ala. 2002). Accord Clark v. Albertville Nursing Home, Inc., 545 So.2d 9, 13 (Ala. 1989). ‘In ore tenus proceedings, the trial court is the sole judge of the facts and of the credibility of the witnesses, and it should accept only that testimony which it considers worthy of belief.’ Clemons v. Clemons, 627 So.2d 431, 434 (Ala.Civ.App. 1993).
“ ‘ “Appellate courts do not sit in judgment of disputed evidence that was presented ore tenus before the trial court....’” Ex parte Roberts, 796 So.2d 349, 351 (Ala. 2001) (quoting Ex parte Bryowsky, 676 So.2d 1322, 1324 (Ala. 1996)). ‘When the evidence in a case is in conflict, the trier of fact has to resolve the conflicts in the testimony, and it is not within the province of the appellate court to reweigh the testimony and substitute its own judgment for that of the trier of fact.’ Delbridge v. Civil Serv. Bd. of Tuscaloosa, 481 So.2d 911, 913 (Ala.Civ.App. 1985).”
Ex parte R.E.C., 899 So.2d 272, 279 (Ala. 2004).
“A probation-revocation hearing is a bench trial and the trial court is the sole fact-finder.” Ex parte Abrams, 3 So.3d 819, 823 (Ala. 2008).
Analysis
In its brief before this Court, the State points out that the evidence at the probation-revocation hearing regarding the
Smiley’s statement detailing the events surrounding the murder was also read into the evidence. The facts according to his statement are as follows: A few months after Stone’s shooting and the burial of his body, Smiley told Lee that he needed the gun back. Smiley and Lee thereafter retrieved the gun, which Lee had buried. A month later, Smiley went back to the site where they had buried Stone and discovered that Stone’s legs were sticking out of the ground. Smiley and Lee dug up the body, and Lee eventually placed the body in a freezer at his house. According to the chronology of events contained in Smiley’s statement, the gun was retrieved first, a few months after the shooting. Then, approximately one month after the gun was retrieved, Lee and Smiley moved the body. Smiley’s statement also confirms that approximately one week before Smiley’s confession on July 1, 2008, Lee went to Smiley’s home and told Smiley that he wanted to fill a 55-gallon barrel with diesel fuel to burn Stone’s body but that Smiley told Lee he was busy. The morning Smiley confessed to the events surrounding the murder — July 1, 2008 — Lee again went to Smiley’s house and asked Smiley if he had found a barrel yet and Smiley stated that he had not.
The Court of Criminal Appeals determined that all Smiley’s alleged misconduct, i.e., the events surrounding Stone’s murder, occurred approximately three months before Smiley was placed on probation. The trial court, however, relied on the chronology of events as detailed in Smiley’s statement to Investigator Hopper, concluding that, even though the murder took place before Smiley was sentenced and placed on probation, “he participated in contemporaneous events intended to cover up the murder, which would be part of the res gestae of the charged crime, up until his confession on July 1, 2008.” In other words, the trial court apparently concluded that, based on the chronology of events as detailed in Smiley’s statement, some of the acts, i.e., retrieving the gun, moving the body, attempting to locate a barrel in which to dispose of the body, occurred after Smiley was placed on probation and that such conduct occurred in order to cover up the murder. Accordingly, the trial court, as the fact-finder, did not exceed its discretion in revoking Smiley’s probation based on this conduct.
Based on the foregoing, we reverse the judgment of the Court of Criminal Appeals reversing the trial court’s order revoking Smiley’s probation and remand the cause for proceedings consistent with this opinion.
REVERSED AND REMANDED.
. As discussed infra, the evidence of the timing of these events at Smiley’s probation-revocation hearing was not consistent.
Reference
- Full Case Name
- Ex Parte State of Alabama. (In Re Troy Andrew Smiley v. State of Alabama).
- Cited By
- 3 cases
- Status
- Published