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Hassan v. State6/29/2005
NOT DESIGNATED FOR PUBLICATION
The appellant, Abu Hassan, was charged with first offense driving while intoxicated (DWI), first offense, refusal to submit, driving left of center, no turn signal, and no taillights. In a bench trial, appellant was found guilty of all the charges. On the DWI charge, he was sentenced to seven days in jail, five days suspended, ordered to pay a $700 fine and costs, and required to attend alcohol abuse driving school. Additionally, his driver's license was suspended for six months on the refusal-to-submit charge. On the traffic offenses, he incurred fines of $100 for driving left of center, $50 for no turn signal, and $100 for no taillights, plus court costs.
Pursuant to Anders v. California, 386 U.S. 738 (1967), and Rule 4-3(j) of the Rules of the Arkansas Supreme Court and Court of Appeals, appellant's counsel has filed a motion to withdraw on the ground that this appeal is wholly without merit. This motion was accompanied by a brief discussing all matters in the record that might arguably support an appeal, including all adverse rulings and a statement as to why counsel considers each point raised as being incapable of supporting a meritorious appeal. Appellant was provided a copy of his counsel's brief and was notified of his right to file a list of points on appeal within thirty days. He filed no points. We agree with appellant's counsel that there are no meritorious points for appeal and grant the motion to withdraw.
The evidence produced at trial showed that while Deputy Richard Brewer of the Pulaski County Sheriff's Office was on patrol on September 10, 2003, he spotted appellant's vehicle parked in the parking lot of a liquor store. Officer Brewer then noticed that appellant turned out of the parking lot without using a turn signal, that the passenger's-side brake light was not working, and that appellant crossed the center line as he drove away from the liquor store. Deputy Brewer testified that, he turned on his blue lights and attempted to pull appellant over, but appellant kept driving for a block or two before stopping at his residence. Deputy Brewer explained that, upon exiting the vehicle, appellant had to prop himself up against the door. He smelled a "heavy odor of intoxicants" coming from appellant, whose eyes were also red, bloodshot, and watery. According to Deputy Brewer's testimony, appellant asked, with slurred speech, "What did I do wrong this time?" Appellant changed his initial answer as to whether he had been drinking from one beer, to two beers later in the investigation.
Deputy Brewer, who administered several field-sobriety tests, testified that appellant failed each one. He testified, that when he attempted to administer the horizontal gaze nystagmus test, appellant failed because his eyes did not follow the officer's finger but rather continued to stare straight ahead. Deputy Brewer also administered the walk-and-turn test, and he explained that appellant failed because he did not touch his heels to his toes and stopped after nine steps instead of ten. Finally, Deputy Brewer administered the one-leg-stand test to appellant. He testified that appellant also failed this test because he held his arms at his chest instead of his sides and counted to ten improperly.
The State's only other witness was Deputy Chris Ameling, also of the Pulaski County Sheriff's Office. He testified that he received appellant from Deputy Brewer at the Pulaski County Jail and that appellant refused to submit to the breathalyzer test that Deputy Brewer attempted to administer.
At the conclusion of the State's case, appellant moved for a directed verdict as to the DWI charge. He argued that the evidence wa
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