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Ex parte Peoples

Supreme Court of Alabama

August 29, 2014

Ex parte Kevin Waide Peoples;
v.
State of Alabama) (In re: Kevin Waide Peoples

Released for Publication April 13, 2015.

PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS (CR-12-1697). (Jefferson Circuit Court, CC-12-1124, CC-12-1125, CC-12-1126, CC-12-1127, CC-12-1128, Tracie A. Todd, Trial Judge).

For Petitioner: Charles E. Caldwell, Birmingham.

WISE, Justice. Stuart, Bolin, Parker, Murdock, Shaw, Main, and Bryan, JJ., concur. Moore, C.J., dissents.

OPINION

WISE, Justice.

WRIT DENIED. NO OPINION.

Stuart, Bolin, Parker, Murdock, Shaw, Main, and Bryan, JJ., concur.

Moore, C.J., dissents.

DISSENT

MOORE, Chief Justice (dissenting).

Kevin Waide Peoples walked into the Woodlawn Post Office on November 3, 2011, and placed a note on the counter in front of Andrea Jackson, a postal clerk. The note read: " Give me the money. I

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have gun." Peoples then placed one of his hands, which was wrapped in his jacket, on the counter, thus reinforcing the statement in the note that he had a gun in his possession. However, Jackson never saw a weapon. Jackson gave Peoples $1,000 from the cash drawer. He left the post office and fled in his truck. The police located the truck within 15 minutes, and Peoples led them on a chase before being apprehended. The police did not find a gun on Peoples's person or in his truck.

Convicted of first-degree robbery and other offenses, Peoples was sentenced as a habitual felony offender to life imprisonment without the possibility of parole. He raises a single issue before this Court: Whether he was entitled to a jury instruction on the lesser-included offense of third-degree robbery. " [E]very accused is entitled to have charges given, which would not be misleading, which correctly state the law of his case, and which are supported by any evidence, however[] weak, insufficient, or doubtful in credibility." Ex parte Chavers, 361 So.2d 1106, 1107 (Ala. 1978). In particular, " [a] person accused of the greater offense has a right to have the court charge on lesser included ...


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