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Mosley v. State10/13/2004
NOT DESIGNATED FOR PUBLICATION
Appellant Barry Mosley was arrested for driving while intoxicated-third offense, driving on a suspended driver's license, possession of a controlled substance, operating a vehicle without taillights, refusal to submit, fleeing, and possession of an excess amount of alcohol. The Rosebud District Court found Mosley guilty in absentia, and he appealed his convictions to the White County Circuit Court. The circuit court found Mosley guilty of DWI-third offense, driving on a suspended license, possession of a controlled substance, no taillights, and refusal to submit. The circuit court sentenced him to one year in jail and imposed a $1,250 fine. On appeal, Mosley argues that (1) the trial court erred in failing to grant his motion to dismiss based on a speedy trial violation; and (2) the evidence was insufficient to sustain his convictions for driving while intoxicated, refusal to submit, and driving on a suspended license. We affirm.
Mosley stood bench trial on July 29, 2003. Immediately preceding the guilt phase of the trial, Mosley's counsel raised the issue of a speedy trial violation and requested that the trial court hold the record open for one week following the trial so that he could submit a brief on the issue. The trial judge commented that the appeal had been filed in February; that counsel could have filed his brief before the trial; and that he would consider it, but did not think he would hold the record open. The prosecution asked if it could respond to Mosley's speedy trial motion, and the trial judge responded, "All right, but I'm not sure there's a motion out there." Mosley clarified that his motion was a "request to hold the record open." Following the prosecutor's response, the trial judge began the trial proceedings.
The following facts were established at Mosley's trial. On May 25, 2002, Mosley and two passengers were stopped because the truck Mosley was driving did not have working taillights. The arresting officer testified that he observed Mosley exit the driver's side and two other individuals exit the passenger side of the vehicle. During the traffic stop, one of the passengers indicated that the vehicle belonged to him and stated that he could fix the broken taillights. While the officer was focused on the passenger fixing the taillights, Mosley left the scene. The officer notified dispatch that one of his detainees had fled. Ten minutes later, a second officer arrived at the scene with Mosley in custody. Noticing that Mosley smelled strongly of intoxicants, the officers initiated a field sobriety test, which Mosley refused to complete, commenting, "I'm too drunk. I'm not going to do this anymore." Mosley's eyes were bloodshot and watery, his clothes were in disarray, his shoes were missing, he was staggering, and his speech was slurred. Mosley stated that he fled because he had outstanding warrants and did not need another DWI.
The officers obtained consent to search the vehicle and found marijuana. When asked whether he knew about the drugs, Mosley said, "Yes, they're mine." The officers also found what they believed to be an amount of alcohol in excess of the dry-county limit. They confiscated the marijuana and alcohol. Following the search, Mosley was arrested and transported to the Searcy Police Department.
Mosley testified in his own behalf, and admitted that on the night he was stopped, he had been "drinking a lot," but denied being the driver of the vehicle. He stated that because he had outstanding warrants, and because the officer did not instruct him to remain at the scene, he left. He maintained that he refused to complete the field sobriety test because he was not the driver, and ackno
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