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State v. Williams12/13/2001
On September 25, 2000, the Defendant, Jerry Damon Williams, entered a plea of guilty to driving under the influence of alcohol in violation of Tennessee Code Annotated section 55-10-401. Pursuant to Rule 37 (b)(1)(i) of the Tennessee Rules of Criminal Procedure, the Defendant sought to reserve a certified question of law to be reviewed by this Court. In this appeal, the Defendant contends that (1) he properly reserved the certified question of the validity of the police's initial investigatory stop and (2) the trial court erred in denying his motion to suppress evidence discovered as a result of the investigatory stop. We vacate the Defendant's conviction and dismiss the case.
Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Dismissed
David H. Welles, J., delivered the opinion of the court, in which Joseph M. Tipton and Jerry L. Smith, JJ., joined.
OPINION
On November 5, 1999, the Defendant exited a Taco Bell and entered his vehicle. Another car passed quickly through the parking lot, almost hitting the Defendant's vehicle. The Defendant stepped out of his vehicle and engaged in a short conversation with the occupants of the other car. The Defendant then returned to his car and drove away.
Officer Gibson of the Smyrna Police Department observed the Defendant yelling at the other vehicle and decided to investigate. Officer Gibson pulled into the Taco Bell parking lot and stopped the other vehicle. After speaking with the occupants of the other car, Officer Gibson realized that the Defendant had not remained in the parking lot, and radioed a description of the Defendant's vehicle to his dispatch officer. Officer Gibson testified that he did not witness any illegal or suspicious activity on the part of the Defendant.
Corporal Lucas, also of the Smyrna Police Department, heard the radio dispatch describing the Defendant's vehicle and observed a car fitting that description. Based solely on the radio dispatch, Corporal Lucas stopped the vehicle. Corporal Lucas testified that he did not witness the Defendant violate any traffic laws and executed the stop based solely on the radio dispatch. Corporal Lucas approached the vehicle and noticed the smell of alcohol. After a field sobriety test, the Defendant was arrested for driving under the influence .
On September 26, 2000, the Defendant entered into a plea agreement with the State conditioned upon a reservation of a certified question of law. That same day the trial court entered its Judgment sentencing the Defendant to eleven months and twenty-nine days at seventy-five percent, fined the Defendant $600.00, and revoked his driver's license for two years. The Judgment made no mention of the certified question of law. On October 20, 2000, an Agreed Order Amending the Judgment was entered which detailed the Defendant's reservation of the certified question of law. The Defendant filed a Notice of Appeal on October 23, 2000.
CERTIFIED QUESTION
The State contends that the Defendant's certified question regarding the validity of the traffic stop is not properly before this Court because the Defendant did not comply with the mandates of State v. Preston, 759 S.W.2d 647 (Tenn. 1988), and, therefore, we have no jurisdiction to address the appeal or vacate the Defendant's conviction.
Tennessee Rule of Criminal Procedure 37(b) provides that an appeal lies from any judgment of conviction
(1) upon a plea of guilty or nolo contendere if:
(i) Defendant entered into a plea agreement under Rule 11(e) but explicitly reserved with the consent of the state and of the court the right to appeal a certified quest
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