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State v. Riefenstahl7/18/2001
ENTRY ORDER
In the above-entitled cause, the Clerk will enter:
Defendant Alan Riefenstahl was charged with operating a motor vehicle while under the influence of intoxicating liquor in violation of 23 V.S.A. § 1201(a)(2), with a third offense felony enhancement. Defendant pleaded guilty pursuant to a conditional plea agreement that reserved his right to appeal the denial of his motions to suppress and dismiss for lack of probable cause to stop defendant and to strike his prior convictions. Defendant contends the trial court erred by: (1) denying his motion to suppress evidence derived from a stop of his vehicle based upon information supplied by a named informant; and (2) failing to grant his motion to strike his prior convictions because they did not comply with V.R.Cr.P. 11. We affirm.
On October 26, 1999, at approximately 5:00 p.m., a South Burlington police officer received a dispatch that a sales clerk at the South Burlington Shell station, had reported that the male operator of a black Ford Bronco with Vermont licence plate BNR 139 "was possibly intoxicated and driving." The informant identified himself by name to the police, and the informant's name was also provided in the dispatch to the officer. The informant reported that the Bronco was heading south on Shelburne Road. The officer proceeded north on Shelburne Road until she located the Bronco, and then turned around and followed the vehicle. While she attempted to catch up to the Bronco, there were first three other cars in traffic between the officer and the Bronco, and eventually only one other car between them. The officer testified that, while in pursuit, she did not observe any signs of erratic driving, but that she could not properly observe the Bronco because of weather conditions and the other traffic. She then observed the Bronco pull into a driveway. The officer activated her vehicle's blue lights and followed it into the driveway. Defendant exited the Bronco and stood next to it, with the door open, until the officer approached. The officer initiated field sobriety tests, which defendant failed. Subsequently, defendant was arraigned on the charge of DUI with a felony enhancement for a third offense. The information alleged that defendant had previously been convicted of DUI on January 9, 1995, September 11, 1991, and September 18, 1985.
Defendant moved to dismiss the charges, claiming that the officer lacked probable cause to stop him and process him for DUI. The court rejected his argument, ruling that under the totality of the circumstances the detailed information provided by the named informant, which the officer was able to confirm, justified the stop. See State v. Lamb, 168 Vt. 194, 197, 720 A.2d 1101, 1103 (1998) (detailed information provided by anonymous informant, and verified by officer, sufficient to warrant stop).
Defendant also moved pursuant to V.R.Cr.P. 12(d) to strike the prior DUI convictions, claiming he did not enter a knowing and voluntary plea. At the February 2, 2000 status conference, defense counsel represented that defendant was represented by counsel at the 1991 change of plea, and that he was still waiting for the transcript of the 1995 change of plea. Ruling from the bench, the court denied defendant's motion to strike the 1991 conviction because defendant was represented by counsel during the change of plea on the 1991 charge. On May 8, 2000, defendant entered a conditional plea of guilty.
On appeal, defendant first contends that the information provided by the named informant was insufficient to provide a reasonable articulable suspicion of wrongdoing to justify a stop. In the time since defendant filed his notice of appeal, we decided
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