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Pope v. State10/1/2004
The appellant, Robert Pope, was indicted for felony driving under the influence ("DUI"), a violation of § 32-5A-191(h), Ala.Code 1975; driving while his license was revoked, a violation of § 32-6-19(b), Ala.Code 1975; failing to display evidence of insurance, a violation of § 32-7A-16(2), Ala.Code 1975; and unlawful possession of prohibited beverages in a "dry county," a violation of § 28-4-20, Ala.Code 1975. Before trial, Pope pleaded guilty to driving while his license was revoked and to failing to display proof of insurance. Following a jury trial, the jury acquitted Pope of the DUI charge; Pope was convicted of the unlawful possession of controlled beverages. The trial court sentenced Pope to serve 180 days' imprisonment for driving while his license was revoked and 30 days' imprisonment for failing to display proof of insurance; those sentences were to run concurrently. The trial court sentenced Pope to serve 90 days' imprisonment for unlawful possession of prohibited beverages; that sentence was to run consecutively to the other two sentences.
The evidence adduced at trial indicated the following. Jim Webster, an officer with the Hartselle Police Department, testified that at approximately 11:15 p.m. on April 27, 2002, he stopped a vehicle on Highway 36 West; he stated that the vehicle pulled into the parking lot of the West Hartselle Baptist Church. According to Officer Webster, while he was conducting that traffic stop, he observed another vehicle parked in the church parking lot; he stated that the driver of that automobile, whom he identified as Pope, appeared to be leaning on the steering wheel. Officer Webster testified that, after he finished the traffic stop of the first vehicle, he moved his patrol car behind the other vehicle, got out of his patrol car, and began to approach the vehicle on foot; Pope began to drive away at that time. According to Officer Webster, he got back into his patrol car, turned on his police lights, and pursued Pope. He stated that Pope was driving approximately 20 miles per hour in a 45 mile-per-hour zone; Officer Webster further stated that he called in the license plate number on Pope's vehicle and that that number came back as being registered to another vehicle. According to Officer Webster, Pope pulled over approximately 100 yards east of the church. Officer Webster stated that he got out of his patrol car and approached Pope's automobile; he stated that he then smelled alcohol and saw a can of beer between Pope's feet on the floorboard. Officer Webster stated that once backup arrived, he had Pope get out of his vehicle and he asked Pope to perform field-sobriety tests; according to Officer Webster, Pope agreed to attempt the tests but he was unable to successfully complete the tests. Officer Webster further stated that "I asked him if he had alcohol this evening. He said, 'I drank a couple of beers.' " (R. 44.) Officer Webster testified that he placed Pope under arrest for DUI and conducted a search of Pope's automobile; he stated that he found four 16-oz. beers in a cooler in the front floorboard on the passenger side, as well as the open beer between Pope's feet on the driver's side floorboard. Officer Webster stated that he transported Pope to the police station and that once at the station Pope refused to submit to a Draeger breath-alcohol test. On cross-examination, Officer Webster stated that he decided to approach Pope's automobile that night "[b]ecause [it] was a suspicious vehicle at a church late at night, and [the driver] was leaning over his steering wheel" (R. 56), and that he "had a strong suspicion that [the driver] was intoxicated or he could be possibly attempting to go break into a church." (R. 56.)
I.
*2 Pope first argues that the trial court erred in denyin
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