from Jefferson Circuit Court (CC-14-1589)
AFTER REMAND FROM THE ALABAMA SUPREME COURT
Holderfield was convicted of second-degree assault, a
violation of § 13A-6-21, Ala. Code 1975. On April 7,
2015, Holderfield was sentenced to 60 months'
imprisonment. Her sentence was suspended, and she was ordered
to serve three years on supervised probation and to enroll in
mental-health treatment and substance-abuse treatment.
Holderfield was also ordered to pay $100 to the Crime
Victims' Compensation Fund and $2, 219.99 in restitution
to the "City of Gardendale Municipal Work[er]s
Comp[ensation] Fund." (C. 14.) On May 6, 2015,
Holderfield filed a "Motion to Set Aside Order of
Restitution and Request Hearing, " in which she claimed
that the State had failed to present evidence of the amount
of restitution and requested the court to set aside its
restitution order and to set a hearing to determine the
appropriate amount of restitution. (C. 82.) On May 12, 2015,
the circuit court set a hearing on Holderfield's motion
for June 15, 2015. On June 15, 2015, the circuit court denied
Holderfield's motion to set aside the restitution order.
Holderfield filed a notice of appeal on June 19, 2015.
trial, the State presented the following evidence: On
November 16, 2013, Officer Chad Barnett and Officer Buddy
Partridge with the City of Gardendale Police Department
responded to a call regarding a suicide attempt. When Officer
Barnett and Officer Partridge arrived at the residence where
the suicide attempt was alleged to have occurred,
Holderfield's boyfriend informed the officers that
Holderfield was inside attempting to commit suicide. The
officers saw Holderfield inside the residence and went
inside. Holderfield ran to the kitchen, grabbed a knife and
then ran to the bathroom in the hall. The officers followed
Holderfield, and Officer Partridge was able to open the
bathroom door. Holderfield sat down on the toilet seat and
screamed, "I'm going to end it now, " and then
cut her neck with the knife. (R. 112.) When she started
cutting her neck, Officer Partridge used his taser to tase
Holderfield. As the taser stunned Holderfield, Officer
Barnett and Sgt. Brian Baker, who had arrived as Holderfield
entered the bathroom, grabbed Holderfield's arms and
attempted to get the knife away from her. Holderfield began
swinging her arms at the officers. Officer Partridge tased
Holderfield again and, at that point, Sgt. Baker and Officer
Barnett were able to wrestle the knife out of
the officers were able to get the knife away from
Holderfield, she fell to the far side of the toilet and
continued resisting and kicking the officers. The officers
struggled to get her out of the bathroom. Holderfield was
bleeding profusely from her wrist and neck, and she needed
medical attention. Sgt. Baker was eventually able to get
handcuffs on Holderfield in front of her body. Sgt. Baker
held Holderfield's arms and Officer Barnett held her
legs, and the officers were able to pull her out of the
bathroom. During the struggle, Holderfield "yanked her
legs toward her" and Officer Barnett injured his
shoulder. (R. 42.) Once the officers had Holderfield in the
hallway, Brad Cantrell, a paramedic and fireman with the City
of Gardendale Fire and Rescue, arrived and began talking to
Holderfield. Cantrell bandaged Holderfield's neck and
informed her that she would have to go to the hospital.
Holderfield then stated that she was not going and she began
kicking and swinging her arms in an attempt to keep the
officers and paramedics away from her as they tried to place
her on a stretcher. Officer Barnett, Sgt. Baker, and Cantrell
struggled to get Holderfield outside the residence. When the
officers started moving Holderfield outside, Holderfield bit
Officer Barnett three times. She bit him twice on the fingers
and once on the hand. Officer Barnett was wearing medical
gloves at the time, which ripped when Holderfield bit him.
Holderfield was later restrained on the stretcher. Officer
Barnett indicated that all three officers were saturated in
Holderfield's blood. When one of the paramedics asked
Holderfield if she had any diseases, she indicated that she
possibly had hepatitis, and she laughed as she stated that
the officers had hepatitis now. Following the incident, the
officers had to submit to blood testing for six months to
test for infectious diseases.
testified on her own behalf at trial. She claimed that she
remembered being in the house with her boyfriend on the night
of the incident and then did not remember anything that
happened until she woke up lying in the bathroom with
"four to five men standing over her in dark
clothing." (R. 98.) Holderfield stated that when she
woke up, she realized there were taser prongs in her chest
and stomach and she ripped them off. She claimed that, when
she pulled the prongs off, "the larger gentleman in
front of [her] turned and punched [her] across the
face." (R. 99.) The next thing she remembered was waking
up in the hospital the next morning.
appeal, Holderfield claimed that the trial court abused its
discretion when it ordered her to pay $2, 219.99 in
restitution because, she says, the State did not present any
evidence to prove that her criminal conduct caused the
pecuniary loss and that the court erred in ordering her to
pay for medical expenses that were not proximately caused by
the criminal conduct that was the basis of the prosecution.
Holderfield also argued that this Court has jurisdiction to
hear her appeal in this case because the notice of appeal was
original submission before this Court, this Court, by order,
dismissed Holderfield's appeal as untimely, finding that
Holderfield's motion to set aside the restitution order
was not equivalent to a motion for a new trial and, thus, did
not toll the time for filing an appeal. Holderfield v.
State, (No. CR-14-1250, October 22, 2015), 222 So.3d 426
(table). However, on certiorari review, the Alabama Supreme
Court reversed this Court's decision and held that a
motion to modify or set aside a restitution order, if filed
within 30 days after pronouncement of sentence, tolls the
time for filing a notice of appeal and, thus, the Supreme
Court remanded the case to this Court for proceedings
consistent with its opinion. See Ex parte
Holderfield, [Ms. 1150165, July 1, 2016] ___ So.3d ___
(Ala. 2016). Accordingly, we now address Holderfield's
Holderfield claims that the trial court abused its discretion
when it ordered her to pay $2, 219.99 in restitution because,
she says, the State did not present any legal evidence to
prove that her criminal conduct caused the pecuniary loss.
Specifically, Holderfield maintains that, although there was
"some mention in the record of an invoice that the State
based its restitution request on, the invoice was never
submitted to the court for consideration, " and, thus,
the court ordered restitution without reviewing any documents
or hearing any testimony and did not base its decision to do
so on "legal evidence." (Holderfield's brief,
as the State contends, this specific argument was not
properly preserved for appellate review. At the sentencing
hearing, the following conversation was had in open court:
"[Prosecutor:] Your Honor, there's also some
"THE COURT: ... How much restitution?
"[Prosecutor:] It is $2, 219.99 to the Municipal Workers
Compensation Fund for Gardendale.
"THE COURT: If you'll write out that name and
address for me.
"[Prosecutor:] Yes, Your Honor.
"THE COURT: I'll put it in the order. You're
given credit for any and all time actually served.
"[Defense counsel:] Your Honor?
"THE COURT: What is it?