Buchannon v. StateBuchannon v. State
HORNSBY, C.J., and JONES, ALMON, SHORES, HOUSTON and KENNEDY, JJ., concur.
MADDOX, and STEAGALL, JJ., dissent.
MADDOX, Justice (dissenting).
With all due deference to the other members of this Court and to the Court of Criminal Appeals, I believe that the opinion of the Court of Criminal Appeals holding that a person who breaks into a dwelling, and while inside that dwelling steals a 12-gauge shotgun, is not deemed to be “armed” within the meaning of
In reversing Buchannon‘s conviction for first degree burglary, the Court of Criminal Appeals stated that the “mere showing that the defendant stole a weapon during the course of a burglary or robbery, without more, does not constitute being `armed’ ” as that word is used in
Burglary in the first degree is defined in
“(a) A person commits the crime of burglary in the first degree if he knowingly and unlawfully enters or remains unlawfully in a dwelling with intent to commit a crime therein, and, if, in effecting entry or while in dwelling or in immediate flight therefrom, he or another participant in the crime:
“(1) Is armed with explosives or a deadly weapon; or
“(2) Causes physical injury to any person who is not a participant in the crime; or
“(3) Uses or threatens the immediate use of a dangerous instrument.
“(b) Burglary in the first degree is a Class A felony.” (Emphasis added.)
Because the word “armed” is not defined by the statute, it is to be given its ordinary meaning. In the context of substantive criminal statutes, most courts have concluded that “armed” means having a weapon that is within a person‘s immediate control and available for his use. See Bates v. State, 468 So.2d 207 (Ala.Crim.App.1985), overruled by Buchannon, supra (of course, the decision of the Court of Criminal Appeals in Buchannon is the basis of this dissent); State v. Romero, 135 Ariz. 102, 659 P.2d 655 (App.1982); Curl v. State, 40 Wis.2d 474, 162 N.W.2d 77 (1968), cert. denied, 394 U.S. 1004, 89 S.Ct. 1601, 22 L.Ed.2d 781 (1969), overruled on other grounds by Schimmel v. State, 84 Wis.2d 287, 267 N.W.2d 271 (1978), overruled by Steele v. State, 97 Wis.2d 72, 294 N.W.2d 2 (1980) (Curl reinstated by Steele; definition of “armed” not involved in Schimmel and Steele). Despite the fact that Buchannon took possession (i.e., control) of a 12-gauge shotgun after entering the trailer and thereafter had the weapon “available for his use,” the Court of Criminal Appeals reasoned that such a circumstance did not constitute being “armed” within the meaning of that word in
In fact,
“The general purposes of the provisions of this title are:
“(1) To proscribe conduct that unjustifiably and inexcusably causes or threatens substantial harm to individual and/or public interests;
“....
“(5) To insure the public safety by preventing the commission of offenses through the deterrent influence of the sentences authorized, the rehabilitation of those convicted and their confinement when required in the interests of public protection....” (Emphasis added.)
Also,
§ 13A-1-6 states:“All provisions of this title shall be construed according to the fair import of their terms to promote justice and to effect the objects of the law, including the purposes stated in section 13A-1-3.” (Emphasis added.)
Clearly, the stated purpose of Title 13A is to proscribe conduct that unjustifiably threatens substantial harm to individuals and/or the public at large; other purposes are to ensure the public‘s safety through the deterrent influence of the sentences authorized and to promote justice. Because the legislature intended to authorize courts to impose higher sentences on burglars who are “armed,” the Court of Criminal Appeals’ interpretation of
STEAGALL, J., concurs.