THIGPEN v. STATE, 461 So.2d 46 (Ala.Crim.App. 1984)

"On July 23, 1983, Defendant Trent Kadet Thigpen was operating a 1970 Chevrolet pickup truck. He drove to the Skate Center on Azalea Drive in Florence, Alabama, and picked up six (6) passengers. Defendant, with his six (6) passengers, drove to the access road off Florence Boulevard, commonly referred to as `The Strip'. While in route to the strip, defendant's truck was involved in a near collision with a car driven by Michael Burgess. Mr. Burgess reported the near-accident by phone to the Florence Police. The Florence Police put out a radio message to its patrol units to be on the look-out for defendant's truck.

"Defendant drove from the strip back to the Skate Center and let out one of his passengers. Defendant then drove back to the strip with his five (5) remaining passengers.

"Officer Alan Hill spotted defendant's truck on the strip. Officer Hill saw defendant commit what he deemed to be the traffic infraction of improper lane usage. Officer Hill turned on the emergency lights of his patrol car and defendant stopped his truck in response. Officer Hill pulled in behind defendant and stopped his patrol car. As Officer Hill was exiting his patrol car, the defendant drove off at a high rate of speed.

"Officer Hill gave chase. The chase proceded east on Highway 72 and reached speeds of 115 miles per hour or more. [Defendant claims that to his knowledge the speed never reached anPage 48excess of 100 miles per hour, if that fast, and that his one-half ton pickup truck with a standard small V8 engine would not exceed 100 miles per hour under any circumstances.] A St. Florian patrol unit heard about the chase on its radio and was requested to help in the apprehension of defendant. Officer Bill Hendrix was the driver of the St. Florian patrol car. Passengers were Officers Dwight Angel and Joe Gans.

"Officer Hill pulled his patrol car onto Highway 72 east, turned on his emergency lights and accelerated in an attempt to force defendant to stop by means of a rolling road block.

"Defendant ran into the rear of the St. Florian patrol car at a high rate of speed and injured all three St. Florian officers. [Defendant claims that he never saw the car until impact because he was observing through the rearview mirror the vehicle chasing him. He further asserts that Officer Hendrix testified in the transfer hearing that he changed lanes to put his police car squarely in defendant's path.] Officer Hendrix was injured slightly, but Officers Angel and Gans were injured badly, both having broken bones that demanded surgery.

"Defendant, Trent Kadett Thigpen, was charged with Driving Under the Influence and Attempting to Elude. He has entered a plea of guilty to both of those charges."

"`The test to determine whether successive prosecutions impermissibly involve the same offense under the double jeopardy clause was laid out by the Supreme Court inBlockburger v. United States,284 U.S. 299,304,52 S.Ct. 180,182,76 L.Ed. 306(1932).

"`"(W)here the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one is whether each provision requires proof of an additional fact which the other does not."

"`This test is satisfied if each offense requires the proof of a fact that the other does not, even though there may be a substantial overlap in the proof offered to establish the crimes.Brown v. Ohio,432 U.S. 161,166,97 S.Ct. 2221,2225,53 L.Ed.2d 187(1977),quoting Iannelli v. United States,420 U.S. 770,785,Page 49n. 17,95 S.Ct. 1284,1293, n. 17,43 L.Ed.2d 616(1975).'"

"InFuller v. State,269 Ala. 312,113 So.2d 153(1959), the Alabama Supreme Court held that before an appellate court will review an alleged violation of one's constitutional rights, it must first be `raised seasonably in the trial court.' This court has consistently followed this ruling." (Citations omitted)