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Ex parte Dunn

Supreme Court of Alabama

June 6, 2014

Ex parte Chase Andrew Dunn In re: Chase Andrew Dunn
v.
State of Alabama

Released for Publication January 20, 2015.

PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS. (Mobile Circuit Court, CC-10-2119.71; Court of Criminal Appeals, CR-12-1223). John R. Lockett, Trial Judge.

For Petitioner: James M. Byrd, Mobile.

For Respondent: Luther Strange, atty. gen., and Andrew L. Brasher, deputy atty. gen., and Laura I. Cuthbert, asst. atty. gen.

BRYAN, Justice. Moore, C.J., and Stuart, Bolin, Parker, Murdock, Shaw, Main, and Wise, JJ., concur.

OPINION

BRYAN, Justice.

Chase Andrew Dunn petitioned this Court for certiorari review of the Court of Criminal Appeals' decision affirming the trial court's revocation of Dunn's probation. We granted the petition to determine whether the Court of Criminal Appeals' decision conflicts with Goodgain v. State, 755 So.2d 591 (Ala.Crim.App.1999). We hold that it does, and we reverse and remand.

Facts and Procedural History

On October 14, 2010, Dunn pleaded guilty to first-degree assault, a violation of § 13A-6-20, Ala. Code 1975, and was sentenced to 10 years' imprisonment. That sentence was split, and Dunn was ordered to serve two years' imprisonment followed by three years' probation. On March 6, 2013, Dunn's probation officer filed a delinquency report alleging that Dunn had violated the terms of his probation by (1) committing the new offense of third-degree robbery; (2) failing to pay court-ordered moneys; and (3) failing to pay supervision fees.

The trial court held a probation-revocation hearing at which the State presented testimony from two witnesses: Matthew Shirey, a detective with the Mobile Police Department, and Donna Gibbons, a DNA analyst with the Alabama Department of Forensic Sciences. Detective Shirey testified that he was assigned to investigate a burglary at Alec Olensky's residence that occurred on January 1, 2012. Two men, Robert Hager and James Weaver, were detained when Sgt. Alford[1] caught them

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running from Olensky's residence and getting into a vehicle. Olensky's television, but not the rest of the missing property, was found in the vehicle. Detective Shirey testified that, during an interview with Sgt. Alford, Hager and Weaver implicated Dunn and Jacob Wheeler in the burglary. Detective Shirey also testified that blood was found in Olensky's residence and that Cpl. Taylor was assigned to take pictures and to collect evidence at the scene. Detective Shirey presented three photographs submitted by Cpl. Taylor that depicted a broken window and blood inside Olensky's residence.

Next, Gibbons testified for the State regarding DNA results of blood samples taken at the scene and from a pair of pants Gibbons testified were marked as " clothing that was found discarded with [the] stolen property next door from the scene." Gibbons testified that the blood from the pants was a match for Dunn's DNA. Gibbons stated that the pants had been collected by Officer James McKinley. The trial court asked Gibbons if Dunn was also a match for the bloodstains inside the residence, and Gibbons testified that those bloodstains were from a different individual.

The court questioned Detective Shirey regarding where the pants had been found, but Detective Shirey testified that he did not know and that it was Officer McKinley who had recovered the pants. Officer ...


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