 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Satterfield9/7/2004
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.
Defendant Mark Timothy Satterfield seeks reversal of the trial court's denial of his motion to suppress, arguing that a highway patrol trooper lacked a constitutionally sufficient basis to stop defendant when defendant attempted to exit the Lowe's Motor Speedway in Charlotte by crossing a ditch rather than following the line of traffic. Upon review of the trial court's findings of fact, we conclude that the trooper possessed reasonable suspicionthat criminal activity might be occurring and, therefore, affirm.
Defendant was charged with driving while impaired in violation of N.C. Gen. Stat. § 20-138.1 (2003). He filed a pre-trial motion to suppress that the trial court orally denied following an evidentiary hearing. Defendant subsequently pled guilty, but reserved his right to appeal the denial of his motion to suppress. This Court ultimately dismissed the appeal on 4 June 2002 for failure to include in the record documentation reflecting that defendant had reserved his right to appeal pursuant to N.C. Gen. Stat. § 15A-979(b) (2003).
On 1 August 2002, this Court allowed defendant's petition for writ of certiorari. The current record on appeal includes defendant's transcript of appeal stating that " efendant shall plead guilty to Level 5 DWI and reserve his right to appeal the denial of his motion to suppress evidence and intends to pursue an appeal pursuant to N.C.G.S. § 15A-979." The record also includes a single assignment of error: "Defendant assigns as error: The Court's failure to suppress the evidence received from Defendant after an unlawful and illegal stop, seizure and search."
Review of a trial court's denial of a motion to suppress is limited to a determination whether the trial court's findings of fact are supported by competent evidence and whether those findings support the trial court's ultimate conclusion of law. State v.Thompson, 154 N.C. App. 194, 196, 571 S.E.2d 673, 675 (2002). Although defendant contends that certain findings of fact of the trial court are not supported by evidence, he did not specifically assign error to any of the trial court's findings of fact and therefore, those findings are binding on appeal. State v. Adams, 159 N.C. App. 676, 679, 583 S.E.2d 689, 690, app. dismissed, 357 N.C. 659, 590 S.E.2d 272 (2003).
The trial court found the following facts. On 28 May 2000, at approximately 11:20 p.m., following the end of a race, a mass of cars was exiting the Lowe's Motor Speedway. The State Highway Patrol was responsible for directing traffic out of the Speedway facility in order to keep the traffic flowing. The traffic was moving along an exit road and merging into multiple lanes of traffic on a major highway. The traffic had, however, come to a halt. Trooper R. Cook, while directing traffic, observed defendant leave the exit road, drive across a ditch line, and try to enter a stopped lane of traffic on the highway. Trooper Cook approached defendant's vehicle and asked why defendant was exiting the Speedway without following the directions of the Highway Patrol troopers.
The court found that the purpose of the stop was for the trooper to "mak inquiry as to why [defendant] did not follow the directions[.]" He concluded that the stop, therefore, was notillegal.
The State argued below that no stop occurred because defendant actually came to a halt as a result of the stopped traffic. Since the trial court did not address this question and
Page 1 2 North Carolina DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|