92 So. 3d 179
Ala. Crim. App.2011Background
- Strickland was convicted on two counts of first-degree robbery arising from a single March 19, 2009 incident at a Madison County Chevron store.
- Kennedy, Rothwell, and Calzinski were present during the robbery; a shotgun was used and property including cash, cigarettes, and Kennedy’s purse were taken.
- Strickland admitted to being present during the robbery after police confronted him with surveillance photos; he initially claimed not to enter the store but later identified himself in photos as the man who jumped the counter.
- The circuit court sentenced Strickland to 25 years on each count, with the sentences running concurrently, plus fines, assessments, costs, and restitution.
- The State sought two separate first-degree robbery convictions for the same incident; the issue is whether this violates double jeopardy and how the unit of prosecution should be defined.
- The Court remanded to vacate one conviction and sentence, declining to address other issues pending remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether two first-degree robbery convictions for one incident violate double jeopardy | Strickland | Strickland | Convictions violate double jeopardy; vacate one conviction and related sentence. |
| Whether the evidence supports both robbery convictions | State | Strickland | Pretermitted; remand for further proceedings; court did not reach on the merits here. |
| Whether indictment defect alleged by Strickland defines theft as element | Strickland | Strickland | Pretermitted; remand for proceedings; merits not decided on appeal. |
| Whether there was a material variance between indictment and proof (armed vs. unarmed) | Strickland | Strickland | Pretermitted; remand for further fact-finding; merits not decided on appeal. |
Key Cases Cited
- Craig v. State, 893 So.2d 1250 (Ala. Crim. App. 2004) (unit of prosecution in robbery cases; single act may not yield multiple robberies against one victim)
- Ex parte Windsor, 683 So.2d 1042 (Ala. 1996) (robbery is an offense against the person; unit of prosecution is act of violence against the person)
- Townsend v. State, 823 So.2d 717 (Ala. Crim. App. 2001) (discussion of double jeopardy and unit of prosecution (footnote omitted))
- Craig v. State (cited within opinion), 893 So.2d 1250 (Ala. Crim. App. 2004) (reiteration of double jeopardy principles in multiple robbery charges)
- 539 So.2d 436, 539 So.2d 436 (Ala. Crim. App. 1988) (Connolly v. State; guards against splitting a single theft into multiple offenses)