 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Browne3/11/2002
Assigned on Briefs May 23, 2001
The Defendant, David Kirk Browne, was indicted on one count of public indecency. The Defendant sought pretrial diversion, which was denied by the State. Following several continuances, the trial court conducted a hearing on the Defendant's petition for writ of certiorari.
At the Defendant's request, the trial judge recused herself from the case. The case was transferred to Judge Jerry Beck. Judge Beck found that the Assistant District Attorney did not abuse his discretion in denying pretrial diversion. The Defendant now appeals, alleging numerous defects in the proceedings which culminated in his conviction. After a review of the evidence, we affirm the judgment of the trial court.
Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Criminal Court Affirmed
Robert W. Wedemeyer, J., delivered the opinion of the court, in which Gary R. Wade, P.J., and Thomas T. Woodall, J., joined.
OPINION
The Defendant, David Kirk Browne, was indicted on January 14, 1998 for one count of "unlawfully and knowingly appear in a state of nudity and engag in masturbation in a public place, in violation of Tennessee Code Annotated, Section 39-13-511" on or about July 17, 1997. The Defendant sought pretrial diversion, which was denied by the State.
Following several continuances, the trial court conducted a hearing on the Defendant's petition for writ of certiorari. At the Defendant's request, the trial judge recused herself from the case. The case was transferred to Judge Jerry Beck. Judge Beck found that the Assistant District Attorney did not abuse his discretion in denying pretrial diversion. The Defendant was convicted of public indecency, and the trial court ordered that he pay a $500.00 fine, with all but $25.00 to be remitted based on the Defendant's indigence. The Defendant now appeals, alleging numerous defects in the proceedings which culminated in his conviction.
FACTS
Detective David Quillen of the Kingsport Police Department testified that late in the evening on July 16, 1997, he was working in an area known as Riverfront Park and observed the Defendant standing on a platform known as "the overlook." According to Quillen, the Defendant walked up to him, "stood there for just a few minutes looking around and looking at [Quillen]. And then he walked off the platform, down the steps, made a left, and walked underneath the platform." Quillen then observed the Defendant "walk from underneath the platform. His pants were down about to his knees. He had his penis out in his hand, and he was masturbating." Quillen testified that the Defendant was approximately five feet away from him and that with the nearby streetlights, he could see the Defendant clearly.
Quillen testified the Defendant stood in front of him for "probably 30 seconds or so" and then stepped back underneath the platform. Quillen then walked off of the platform and looked underneath it, where he saw the Defendant continue to masturbate. Quillen testified that he "illuminated the area" with his flashlight and identified himself. At that point, the Defendant "pulled his pants back up," and they walked to Quillen's car. Quillen testified that he was sure that the Defendant was not urinating because "he had an erection, and he was moving his hand up and down on his penis." On cross-examination, Quillen testified that he could not remember anything distinguishing about the Defendant's anatomy.
The Defendant maintained that he was not masturbating when Defective Quillen found him. The Defendant stated that at the time of the offense, he had "a physical injury that would prevent from doi
Page 1 2 3 4 Tennessee DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|