Released for Publication August 5, 2015.
PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS. (Houston Circuit Court, CC-13-337; Court of Criminal Appeals, CR-13-0215). J. Michael Conaway, Trial Judge.
For Petitioner: R. Todd Derrick, Hall, Derrick & Associates, Dothan.
BRYAN, Justice. Stuart, Bolin, Parker, Murdock, Shaw, Main, and Wise, JJ., concur. Moore, C.J., dissents.
WRIT DENIED. NO OPINION.
MOORE, Chief Justice (dissenting).
Davon Lashon Davis and Christy Flowers began dating in October 2012; Flowers eventually decided to end the relationship after Davis's ex-girlfriend kept interfering. After the breakup, Davis came to Flowers's apartment to retrieve some of his belongings. After Flowers threw some of Davis's property out of the window, Davis grabbed Flowers by the throat and threw her against the wall. Flowers could not breathe or speak while she was being held by her throat against the wall, but she never lost consciousness. After holding Flowers against the wall for a few seconds, Davis threw her to the ground.
Davis was charged with committing domestic violence by strangulation or suffocation, a violation of § 13A-6-138, Ala. Code 1975. Davis was tried by a jury, was convicted, and was sentenced, apparently as a habitual felony offender, to 30 years' imprisonment. On appeal, Davis first argued that § 13A-6-138 is unconstitutional because it is vague and overly broad. The Court of Criminal Appeals held that this argument had not been preserved for appellate review because Davis did not raise it in the trial court. The court also held that the other arguments in Davis's appellate brief did not comply with Rule 28(a)(10), Ala. R. App. P., and it thus affirmed Davis's sentence and conviction by an unpublished memorandum. Davis v. State (No. CR-13-0215, Aug. 22, 2014),
__ So.3d __(Ala.Crim.App. 2014) (table).
Davis now petitions this Court for certiorari review, arguing as a matter of first impression that § 13A-6-138 is unconstitutionally ...