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Hall v. State3/17/2004
NOTICE Memorandum decisions of this court do not create legal precedent. See Alaska Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court of Appeals Decisions (Court of Appeals Order No. 3). Accordingly, this memorandum decision may not be cited as binding precedent for any proposition of law.
No. 4839
MEMORANDUM OPINION AND JUDGMENT
A jury convicted Jerome D. Hall of third-degree misconduct involving weapons, driving while intoxicated, and giving false information after a Seward police officer pulled Hall's vehicle over and found that he was intoxicated. Hall gave the officer a false name, and the officer discovered a handgun in Hall's pocket during a pat-down search.
Hall argues that the pat-down search was illegal. We reject that claim because the search was a valid search incident to arrest.
After Hall invoked his right to remain silent, the officer told Hall (who up until then had claimed to be "Jerome Phillips") that he recognized him from an earlier contact. Hall told the officer "you've got me" and gave his true name. The superior court denied Hall's motion to suppress this evidence, and Hall challenges this ruling on appeal. In order to address the argument that Hall raises on appeal, we must remand the case for additional findings.
Hall also argues that the superior court should have amended Hall's presentence report, and that he is entitled to be resentenced before a different judge. For the reasons set out below, we reject these arguments.
Background Facts and Proceedings
Seward Police Officer Thomas Boor pulled over a car driven by Hall because the car had a broken taillight. Boor approached the car and asked Hall for his drivers license. Hall said he did not have his drivers license with him. Boor asked Hall if he did not have it in his possession or if it was suspended or revoked. Hall admitted that his license was suspended. He identified himself as "Jerome Phillips," and he provided a social security number and a birth date. Boor asked Hall to accompany him to his patrol car.
Before Hall got in the car, Boor asked him if he was carrying any weapons, and Hall replied that he was not. Boor told Hall that he would do a pat-down check for weapons before Hall got in the car, and he asked Hall if he "had a problem with that." Hall said that he did not. Boor patted Hall down and found a loaded .32 caliber revolver in Hall's rear pants pocket. Boor handcuffed Hall and placed him in the patrol car.
Boor asked Hall why he had been dishonest about the gun. Hall replied that he thought Boor might find the gun, but that he might as well try to get away with it. Hall again identified himself as Jerome Phillips.
Boor had Hall step out of the patrol car. Boor read Hall the Miranda warnings and asked Hall to perform field sobriety tests. Hall refused to perform any tests and said that he did not want to talk with Boor.
Boor had Hall get back into the patrol car. He told Hall that he was under arrest, and said that he recognized him from a contact about a year before. Hall responded, " ll right, you've got me, I'm not going to lie to you[.]" Hall then revealed his true name.
The grand jury indicted Hall on one count of third-degree misconduct involving weapons. The State filed an information charging Hall with driving while intoxicated, driving while his license was suspended, fourth-degree misconduct involving weapons, and giving false information.
Hall moved to suppress evidence of the gun and all the statements he had made to the police. Superior Court Judge Harold M. Brown granted Hall's mot
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