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State v. Willis2/18/2003
Opinion Vote: AFFIRMED IN PART AND REVERSED IN PART. Newton, P.J., and Smith, J., concur.
Opinion:
David E. Willis ("Mr. Willis") appeals his convictions following a bench trial for involuntary manslaughter, section 565.024, RSMo 1994, and assault in the second degree, section 565.060.1(4), RSMo 1994, and consecutive seven- and four-year sentences respectively; and his conviction for driving with a suspended license, section 302.321, RSMo Cum. Supp. 1999, and corresponding concurrent one-year sentence. Mr. Willis raises two points on appeal. His first claim is that the trial court erred in overruling his motion to suppress evidence and corresponding objections at trial because evidence seized during the testing of his blood and urine was a violation of his right to be free from unreasonable searches and seizures as guaranteed by the Fourth and Fourteenth Amendments to the United States Constitution and Article I, Section 15 of the Missouri Constitution. He claims that the affidavit used to support the search warrant did not establish that a fair probability existed that his blood and urine would disclose the presence of contraband constituting evidence of a crime, and the evidence of contraband found in his blood and urine should be suppressed as fruit of the poisonous tree. In his second point on appeal, Mr. Willis claims that the trial court plainly erred in entering a guilty verdict and sentencing him for driving with a suspended license, section 302.321, RSMo Cum. Supp. 1999, because the State violated his due process rights and right to a fair trial as guaranteed by the Fifth and Fourteenth Amendments to the United States Constitution and Article I, Sections 10 and 18(a) of the Missouri Constitution in that the State failed to prove beyond a reasonable doubt that he was guilty of the offense because the State presented no evidence at trial that he was in fact operating a motor vehicle on April 13, 2000, the date of the charged offense. The judgment of the trial court is affirmed in part and reversed in part. Factual and Procedural History On April 13, 2000, at approximately 6:00 p.m., Mr. Willis was driving southbound in a white Ford Bronco (the "Bronco") on Highway 71 in Jackson County, Missouri. The Bronco contained four passengers including two adults, Tela Griddine and Donna Sanders, and two children, nine-year old Phillip Herndon ("Phillip") and two-year old Brandon Sanders ("Brandon"). Other drivers observed Mr. Willis' Bronco approaching their vehicles from behind and described him as "driving aggressively," and "jockey for position, trying to get to the front of the pack" [of cars] by changing lanes and driving faster. The posted speed limit on Highway 71 was 55 miles per hour. The Bronco appeared to exceed the speed limit by 20-25 miles per hour.
While driving on the highway, Mr. Willis attempted to pass a white car by moving into the right lane of traffic. About the same time, the white car merged into the right lane in an attempt to get out of Mr. Willis' way. When the white car merged into the right lane, Mr. Willis drove onto the shoulder of the highway. A disabled trailer was parked on the shoulder of the highway, causing Mr. Willis to swerve back into the right lane of traffic. As he swerved back into the right lane of traffic, Mr. Willis lost control of the Bronco. The Bronco crossed the highway into the median and flipped one and a half times before coming to rest in the northbound lane of the highway.
As the Bronco rolled over, one of the female passengers was thrown from the vehicle. Brandon, the two-year old child, sustained an injury to one of his ears that caused substantial bleeding. One of the witnesses to the accident approached the Bron
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