Contreras v. State
Alabama Court of Criminal Appeals
328 So. 3d 911, 2020 WL 3888332 (2020)
- Written by Noah Lewis, JD
Facts
Ramiro Delreal Contreras (defendant) was indicted for capital murder due to his victim being under age 14. At the time, Alabama’s felony-murder statute, § 13A-6-2(a)(3), included certain enumerated predicate felonies as well as a residual clause covering any other felony clearly dangerous to human life. Only later was aggravated child abuse specifically added to the felony-murder statute. As a lesser-included offense of capital murder, the jury was instructed on felony murder predicated on the felony of aggravated child abuse. Citing the merger doctrine, Contreras objected to the instruction because the offense of aggravated child abuse merged with the homicide, meaning it could not serve as the predicate felony for felony murder. The trial court overruled the objection. Contreras was convicted of felony murder and sentenced to 50 years’ imprisonment. On direct appeal, the Alabama Court of Criminal Appeals affirmed Contreras’s conviction and sentence, finding that the merger doctrine did not apply under the facts. The Alabama Supreme Court issued, then quashed, a writ granting certiorari review. The Alabama Court of Criminal Appeals issued a certificate of judgment. Contreras subsequently filed with the trial court a Rule 32 petition for postconviction relief. The petition argued that Alabama’s felony-murder statute was unconstitutionally vague as applied to him and that his counsel was ineffective for not raising that issue at trial and on appeal. The state argued for summary dismissal. Without conducting an evidentiary hearing, the trial court rejected Contreras’s Rule 32 petition saying the constitutional challenge was precluded because it could have been raised at trial and on appeal and that it was also meritless. Contreras appealed.
Rule of Law
Issue
Holding and Reasoning (Kellum, J.)
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