228 So. 3d 1093
Ala. Crim. App.2016Background
- Defendant Santiago Alonso, age 27, was convicted of first‑degree human trafficking, furnishing a controlled substance to a minor, and first‑degree unlawful possession of marijuana; sentences totaled 40 years (trafficking) plus concurrent terms for the drug counts.
- Victim K.R., a 17‑year‑old runaway, was picked up in Mississippi, transported to Tennessee and later to Dothan, Alabama, where Alonso allegedly forced her to perform commercial sex for money, threatened and assaulted her (including with a hammer), and controlled her movements.
- Police located Alonso in his Dothan hotel, seized marijuana from his hand, two cell phones, cash, condoms, and a hammer matching the victim’s description; K.R.’s blood tested positive for cocaine and marijuana.
- Alonso filed post‑trial motions (new trial, judgment notwithstanding the verdict, reconsideration of sentence) raising: vagueness challenge to §13A‑6‑152 (as‑applied), Riley‑based Fourth Amendment challenge to cell‑phone search, insufficiency of evidence on trafficking and drug furnishing, and ineffective assistance of trial counsel.
- The trial court denied relief after a hearing; the Court of Criminal Appeals affirmed on preservation, sufficiency, and Strickland grounds.
Issues
| Issue | Alonso’s Argument | State/Respondent’s Argument | Held |
|---|---|---|---|
| 1. As‑applied vagueness of Ala. §13A‑6‑152 (human‑trafficking) | Statute lacks guidance for charging decisions and allows arbitrary enforcement | Statute and related definitions (sexual servitude, coercion) provide fair notice and minimal guidelines; claim not preserved at trial | Not preserved; alternatively meritless — statute not unconstitutionally vague as applied to Alonso |
| 2. Admissibility of electronic data from cell phone (Riley) | Warrantless search of phone violated Riley; evidence should be suppressed | No timely Fourth Amendment objection at trial; record indicates a warrant existed though not admitted; issue not raised below | Not preserved for appeal; no relief granted |
| 3. Sufficiency of evidence — human trafficking (occurrence in Alabama) | State failed to prove commercial sex or receipt/promise of value in Alabama; trafficking not shown to have occurred in Houston County | Victim testimony and other evidence showed Alonso transported, coerced, posted ads in Dothan, and kept proceeds in Alabama | Evidence sufficient when viewed in favor of prosecution; conviction affirmed |
| 4. Sufficiency of evidence — furnishing controlled substance to a minor | Only victim testified she was given marijuana; no independent proof marijuana was furnished in Alabama | Victim was 17, testified Alonso furnished marijuana in Houston County; blood test confirmed marijuana present | Victim’s testimony plus lab results sufficient for conviction; affirmed |
| 5. Ineffective assistance of counsel (multiple subclaims) | Counsel failed to investigate/hire investigator; failed to call several witnesses; failed to move to sever counts or to challenge statute; failed to suppress phone evidence | Counsel made strategic decisions about witnesses, joinder, and evidence; many claims unsupported or not shown to be prejudicial; some briefing defects | Court found strategic decisions reasonable, appellant failed to prove deficient performance or prejudice under Strickland; claims rejected |
Key Cases Cited
- Kolender v. Lawson, 461 U.S. 352 (U.S. 1983) (void‑for‑vagueness doctrine; statutes must provide minimal guidelines to prevent arbitrary enforcement)
- Riley v. California, 573 U.S. 373 (U.S. 2014) (search of cell‑phone data generally requires warrant)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two‑prong ineffective‑assistance test: performance and prejudice)
- Grayned v. City of Rockford, 408 U.S. 104 (U.S. 1972) (vagueness may trap the innocent; fair warning requirement)