State of Alabama v. Sylvia Shamel Scott

── State of Alabama v. Sylvia Shamel Scott ── Court: Court of Criminal Appeals of Alabama Date: May 01, 2026 Author: Cole Category: General Rel: May 1, 2026 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0650), of any typographical or other errors, in order that corrections may be made before the opinion is published in Southern Reporter. Alabama Court of Criminal Appeals OCTOBER TERM, 2025-2026 _________________________ CR-2025-0458 _________________________ State of Alabama v. Sylvia Shamel Scott Appeal from Montgomery Circuit Court (CC-21-975) COLE, Judge. The State of Alabama appeals the order of the Montgomery Circuit Court dismissing with prejudice the indictment charging Sylvia Shamel Scott with second-degree theft of property and second-degree domestic violence, violations of §§ 13A-8-4 and 13A-6-131, Ala. Code 1975. For the reasons discussed below, we hold that the trial court's dismissal of Scott's CR-2025-0458 indictment with prejudice based on want of prosecution constituted an abuse of discretion. Thus, we reverse the trial court's judgment and remand the case for proceedings consistent with this opinion. Facts and Procedural History On July 23, 2021, a Montgomery County grand jury indicted Scott for second-degree theft of property and second-degree domestic violence based on her commission of a second-degree burglary. Count I of the indictment charged, in pertinent part, that "Scott … did knowingly obtain or exert unauthorized control over a … gun, the property of Cory Alexander Clay, with the intent to deprive the owner of the said firearm … in violation of section 13A-8-4," Ala. Code 1975. (C.1 43.) Count II of the indictment charged, in pertinent part, as follows: "Scott … did commit the offense of Burglary in the Second Degree, in violation of Section 13A-7-6(b) of The Code of Alabama, in that [she] did knowingly and unlawfully enter the lawfully occupied dwelling-house of … Cory Alexander Clay, with he intent to commit a theft or felony therein, and/or while effecting the entry or while in the said building or in immediate flight therefrom, [she] did cause physical injury to another person, Cory Alexander Clay, … and [he] was a person with whom the defendant had a child in common, in 1"C." refers to the clerk's record in this case. "R." refers to the reporter's transcript from the June 9, 2025, hearing. "SR." refers to the reporter's transcript from the May 12, 2025, hearing. 2 CR-2025-0458 violation of section 13A-6-131 of the Code of Alabama, against the peace and dignity of the State of Alabama." (C. 45.) On January 11, 2022, Scott's counsel moved for a mental evaluation of Scott. The trial court ordered a mental evaluation on February 16, 2022. The Alabama Department of Mental Health submitted its report to the trial court on January 31, 2023. A trial date was set for April 3, 2023. On February 15, 2023, Scott filed a motion to substitute counsel, which was granted on February 20, 2023. On March 21, 2023, Scott's new counsel filed a new motion for a competency evaluation, alleging, in part, that Scott had "suffered a mental health crisis" and had been "admitted to Jackson Hospital and then was supposed to be released to Crossbridge for further treatment." (C. 91.) An order was entered on April 28, 2023, scheduling Scott's case for trial on May 12, 2025. On May 6, 2025, Scott entered a plea of not guilty and not gu