 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Martin2/25/2003
Opinion Vote: AFFIRMED.
Newton, P.J. and Smith, J. concur.
Opinion:
Ronnie Martin appeals his conviction following a jury trial for driving while revoked, section 302.321, RSMo 2000, and sentence of four years imprisonment. He claims on appeal that the trial court (1) abused its discretion in refusing to permit him to call a defense witness to testify; (2) plainly erred in entering judgment and sentencing him for driving while revoked as a class D felony; and (3) abused its discretion in overruling his objection to the prosecutor's closing argument. The judgment of conviction is affirmed.
On the evening of April 7, 2001, Missouri State Highway Patrol Trooper Christopher Shannon was patrolling Missouri Highway 371 near Route A in Buchanan County when he saw a gray Plymouth speeding. As Trooper Shannon drove his car behind the Plymouth, it turned right onto a driveway to a farmhouse. Trooper Shannon activated the emergency lights and siren of his patrol car, and the Plymouth accelerated, drove off the driveway into the grass and around a detached garage, and returned to the highway. While pursuing the car, Trooper Shannon saw that the driver was a black male weighing approximately 200 pounds with long hair sticking out from under a baseball cap and that two other passengers were in the car. He was also able to read the car's license plate and determined that the car was registered to Caroline Wragg. Back on the highway, Trooper Shannon pursued the Plymouth until it recklessly passed another vehicle at high speed on the crest of a hill. The trooper then terminated the high-speed pursuit to avoid danger to other drivers and began following the car at normal speed. Trooper Shannon saw the Plymouth pass another car on the crest of a hill and then exit onto Highway 752 in southern St. Joseph. He continued to follow the car at normal speed and found it five minutes later parked with its lights off near 7th Street and Mason in St. Joseph.
Two females, Caroline Wragg and Stormy Martin, the appellant's wife, were standing outside of the car. Trooper Shannon asked the women who was driving the car, but they told him that they didn't know. Ms. Wragg was arrested on an outstanding warrant and transported to the police station. Mrs. Martin was not arrested. At the police station, Ms. Wragg gave a written statement to Trooper Shannon identifying the appellant, Ronnie Martin, as the driver of the Plymouth.
Mr. Martin was charged with one count of driving while revoked. He was charged with a class D felony because the State alleged he had two previous convictions for driving while revoked and a prior alcohol related enforcement contact. Mr. Martin was also charged as a prior and persistent offender.
At trial, Ms. Wragg testified that Mr. Martin was driving the Plymouth and that after he eluded the police, he stopped the car and ran. She also testified that although she was drunk during the incident, she did remember who was driving and that she did not want to testify because she did not want to get her friends into trouble.
Mr. Martin did not present any evidence in his defense. The jury returned a verdict of guilty, and the trial court entered judgment accordingly and sentenced Mr. Martin to four years imprisonment. This appeal followed.I. In his first point on appeal, Mr. Martin argues that the trial court abused its discretion in refusing to permit him to call his wife, Stormy Martin, to testify. He contends that excluding Mrs. Martin's testimony was a drastic remedy for his failure to endorse her and that the State failed to show any prejudice to it that would have resulted from Mrs. Martin testifying because Mrs. Martin'
Page 1 2 3 4 5 6 7 Missouri DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|