State of Tennessee v. John L. Wright ( 2005 )


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  •          IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
    AT NASHVILLE
    July 19, 2005 Session
    STATE OF TENNESSEE v. JOHN L. WRIGHT
    Direct Appeal from the Circuit Court from Maury County
    No. 14083        Robert L. Jones, Judge
    No. M2004-02174-CCA-R3-CD - Filed October 7, 2005
    The Defendant, John L. Wright, was convicted of driving under the influence (“DUI”), fifth offense,
    and of violating the implied consent law. The Defendant now appeals, contending that: (1) the trial
    court erred when it denied his motion to suppress statements the Defendant made to the police; (2)
    the trial court improperly concluded that the Defendant’s arrest was lawful; and (3) the evidence is
    insufficient to sustain his DUI conviction. Finding that there exists no reversible error, we affirm
    the judgments of the trial court.
    Tenn. R. App. P. 3 Appeal as of Right; Judgments of the Circuit Court Affirmed
    ROBERT W. WEDEMEYER , J., delivered the opinion of the court, in which JOHN EVERETT WILLIAMS
    and ALAN E. GLENN , JJ., joined.
    Michael D. Cox (on appeal) and Bobby Sands (at trial) , Columbia, Tennessee, for the Appellant,
    John L. Wright.
    Paul G. Summers, Attorney General and Reporter; Preston Shipp, Assistant Attorney General; T.
    Michel Bottoms, District Attorney General; Dan Runde, Assistant District Attorney General, for the
    Appellee, State of Tennessee.
    OPINION
    I. Facts
    This case arises from the Defendant’s conviction for DUI. The Maury County Grand Jury
    indicted the Defendant for DUI, fifth offense, and for violating the implied consent law. At the
    Defendant’s bench trial, the following evidence was presented: Dana Lovell testified that she was
    employed by the county clerk’s office, and, in 2002, she was living at 4010 Park Drive in Columbia,
    Tennessee. She said that, around 3:15 a.m. one morning, the Defendant knocked on her door, and,
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    after hearing the knock at her door, she “peeped out” her window and saw a van in her driveway with
    one of the tires straddling the culvert next to her driveway. Lovell testified that she did not recall
    if the Defendant was sober, and she was so busy screaming at the Defendant that she did not notice
    the state of his condition. She did not recall for sure if she told the officers that the Defendant was
    “drunker than hell.”
    On cross-examination, Lovell testified that she did not see the Defendant inside his van, and
    she did not see the Defendant drive the van. On redirect, she said that there was no one else with the
    Defendant when he knocked on her door. Lovell said that she did not see anyone else in the area
    who could have driven the van, but she did see a man down the road. She testified that the
    Defendant did not tell her that anyone else drove the van.
    Officer David Roachell, an officer for the Columbia Police Department, testified that, on July
    25, 2002, he responded to an accident call, which was called in by someone on Park Drive. Officer
    Roachell recalled that, when he arrived at Park Drive, he encountered the Defendant standing next
    to a white vehicle that was “high centered” on a concrete abutment. The officer said that when he
    saw the Defendant he believed that the Defendant was inebriated past the legal limit. He asked the
    Defendant to come out to the street, and the Defendant shook his head “no” and walked briskly
    towards the residence. He and another officer then ushered the Defendant back to the street to talk
    about the incident. Officer Roachell testified that he noticed that the Defendant had bloodshot eyes,
    was unsteady on his feet, and was emanating a strong odor of alcohol. On cross-examination,
    Officer Roachell testified that no accident report was filed as a part of the investigation. He said that
    the Defendant was standing two feet behind the driver’s side door of the white van when the officers
    arrived.
    Officer Paul McCormick, with the Columbia Police Department, testified that, on July 25,
    2002, he responded to an accident call around 3:00 a.m. that was called in by someone on Park
    Drive. He testified that, when he arrived at the residence, he saw the Defendant standing in the
    driveway, and the Defendant appeared very unsteady on his feet. He testified that the Defendant’s
    van appeared to have hit a brick abutment while turning from Park Drive into the driveway. The
    officer said that he had been to basic and advanced accident reconstruction schools. On cross-
    examination, Officer McCormick testified that he and Officer Roachell arrived at the scene at about
    the same time, and he did not observe the Defendant drive the van. He also did not see the
    Defendant occupying or in physical control of the van, and he did not advise the Defendant of his
    Miranda rights at any time. To his recollection, Officer Roachell went into the driveway and ushered
    the Defendant back into the street.
    On redirect examination, Officer McCormick testified that the Defendant was not in custody
    when he admitted that he was driving the van, rather, the Defendant admitted to driving the van
    while Officer McCormick was conducting a “kind of on-the-scene” investigation. Officer
    McCormick testified that he told the Defendant “we need to talk to you [for] a second” as the
    Defendant walked back to the house, but the officers did not lay their hands on the Defendant at this
    point. Officer McCormick testified that the Defendant did not voluntarily approach the officers and
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    engage in conversation. Officer McCormick said that the officers would not have granted the
    Defendant permission to leave them if the Defendant had asked to leave.
    The trial court then played a video tape of the incident, and the video showed that, while the
    Defendant was walking in between Officer Roachell and Officer McCormick from Lovell’s house
    to the street, the Defendant stated that he had driven his van earlier. Officer McCormick testified
    that the Defendant and the officers had been walking for approximately sixteen to twenty-one feet
    off camera when the officers initiated their conversation with the Defendant. Officer McCormick
    testified that, when the officers made their initial approach towards the Defendant, the Defendant
    started walking away from the officers.
    II. Analysis
    On appeal, the Defendant asserts that:(1) the trial court erred when it denied the Defendant’s
    motion to suppress1 statements that the Defendant made to police; (2) the trial court improperly
    concluded that the Defendant’s arrest was lawful; and (3) the evidence is insufficient to sustain the
    Defendant’s DUI conviction.
    A. Defendant’s Statements
    The Defendant first contends that the trial court erred when it denied his motion to suppress
    statements that the Defendant made to police. Specifically, the Defendant contends that the trial
    court committed reversible error when it allowed the Defendant’s statements that identified the
    Defendant as the driver of the van because the Defendant had not, at the time of the statement, been
    given Miranda warnings. The Defendant asserts that he should have been advised of his rights
    because these statements were made during the course of a custodial interrogation. The State
    counters that the Defendant was not in custody when he made the statements at issue, and the police
    were merely investigating the accident when they asked the Defendant who drove the van. When
    deciding this issue, the trial court held: “[The police] were there to investigate the accident . . . . I
    think they are allowed some latitude in that investigation to identify the operator of the vehicle.” The
    trial court concluded that the Defendant was seized, within the meaning of the Fifth Amendment,
    when the police “ushered” the Defendant back to the street. Therefore, the trial court suppressed all
    statements made by the Defendant after that point, but not before.
    The standard of review for a trial court’s findings of fact and conclusions of law in a
    suppression hearing was established in State v. Odom, 
    928 S.W.2d 18
     (Tenn. 1996). This standard
    mandates that “a trial court’s findings of fact in a suppression hearing will be upheld unless the
    evidence preponderates otherwise.” Id. at 23; see State v. Randolph, 
    74 S.W.3d 330
    , 333 (Tenn.
    2002). The prevailing party in the trial court is “entitled to the strongest legitimate view of the
    evidence adduced at the suppression hearing as well as all reasonable and legitimate inferences that
    1
    Normally, suppression issues are presented to the trial court prior to trial. In this case, however, the
    parties agreed that, because this was a bench trial, the issue could be properly raised during the trial.
    3
    may be drawn from that evidence.” Odom, 928 S.W.2d at 23. Furthermore, “Questions of
    credibility of the witnesses, the weight and value of the evidence, and resolution of conflicts in the
    evidence are matters entrusted to the trial judge as the trier of fact.” Id. However, this Court reviews
    the trial court’s application of the law to the facts de novo, without any deference to the
    determinations of the trial court. State v. Walton, 
    41 S.W.3d 75
    , 81 (Tenn. 2001).
    In Miranda v. Arizona, the United States Supreme Court held that, pursuant to the Fifth and
    Fourteenth Amendments’ prohibition against compelled self-incrimination, police officers must
    advise a defendant of his or her right to remain silent and of his or her right to counsel before they
    may initiate custodial interrogation. Miranda v. Arizona, 
    384 U.S. 436
    , 479 (1966). Miranda
    warnings are required when a person is subject to custodial interrogation by law enforcement. See
    id. “Custodial” means that the subject of questioning is in “custody or otherwise deprived of his
    freedom by the authorities in any significant way.” Id. at 478. This Court has expanded this
    definition of custodial to mean “under the totality of the circumstances, [whether] a reasonable
    person in the suspect’s position would consider himself or herself deprived of freedom of movement
    to a degree associated with a formal arrest.” State v. Anderson, 
    937 S.W.2d 851
    , 855 (Tenn. 1996).
    To aid in determining whether a reasonable person would consider himself or herself in custody, this
    Court considers a variety of factors, including the following:
    [T]he time and location of the interrogation; the duration and character of the
    questioning; the officer's tone of voice and general demeanor; the suspect’s method
    of transportation to the place of questioning; the number of police officers present;
    any limitation on movement or other form of restraint imposed on the suspect during
    the interrogation; any interactions between the officer and the suspect, including the
    words spoken by the officer to the suspect, and the suspect’s verbal or nonverbal
    responses; the extent to which the suspect is confronted with the law enforcement
    officer’s suspicions of guilt or evidence of guilt; and finally, the extent to which the
    suspect is made aware that he or she is free to refrain from answering questions or
    to end the interview at will.
    Anderson, 937 S.W.2d at 852.
    In the case under submission, viewing this matter under the totality of the circumstances, we
    conclude that a reasonable person in the Defendant’s position would not have considered himself
    deprived of freedom of movement to a degree associated with a formal arrest. The purpose of the
    officers’ questioning was investigative, not interrogative, in nature. They were attempting to
    investigate an accident scene to which they had been called. The officers did not proceed in a
    lengthy round of questioning in a hostile setting. Instead, they merely asked the Defendant if he had
    been driving the van earlier after they told him, “We need to talk to you [for] a second.” The officers
    did not force the Defendant to answer their questions, and Defendant acquiesced to the officers’
    requests for questions when he stated that he had driven the van earlier. The officers did not restrain
    the Defendant’s freedom of movement during this line of questioning. They did not lay their hands
    on the Defendant, and they did not tell the Defendant that they would not allow him to leave. We
    4
    conclude that the evidence does not preponderate against the trial court’s finding that the Defendant
    was not in custody until he was “ushered” to the street by the officers. For the reasons stated above,
    we conclude that the Defendant’s statement that he had driven the van earlier was properly admitted,
    and that the Defendant is not entitled to relief on this issue.
    B. Defendant’s Arrest
    The Defendant’s second assertion is that the trial court erred in finding that the warrantless
    arrest of the Defendant was lawful, and that the trial court erred by not granting the motion to
    suppress based on the unlawful arrest of the Defendant. Specifically, the Defendant argues that the
    officers could not have established the required probable cause for each element of a DUI offense
    and that, consequently, the Defendant’s arrest did not qualify for the exception to the prohibition of
    warrantless misdemeanor arrests provided by Tennessee Code Annotated section 40-7-103(a)(6).
    The State argues that the Defendant’s arrest was lawful pursuant to Tennessee Code Annotated
    section 40-7-103(a)(6) because the officers had probable cause to believe that the Defendant had
    committed the DUI offense. The trial court held that the Defendant’s arrest was lawful pursuant to
    section 40-7-103(a)(6).
    The trial court’s findings of fact are “presumptively correct on appeal” and are binding upon
    this Court unless the evidence in the record preponderates against them. State v. Randolph, 
    74 S.W.3d 330
    , 333 (Tenn. 2002). The party prevailing in the trial court is entitled to the strongest
    legitimate view of the evidence adduced at the suppression hearing as well as all reasonable and
    legitimate inferences that may be drawn from that evidence. So long as the greater weight of the
    evidence supports the trial court’s findings, those findings shall be upheld. State v. Yeargan, 
    958 S.W.2d 626
    , 629 (Tenn.1997). However, this Court reviews the trial court’s application of the law
    to the facts de novo, without any deference to the determinations of the trial court. State v. Walton,
    
    41 S.W.3d 75
    , 81 (Tenn. 2001).
    Generally, a warrantless arrest for a misdemeanor not committed in an officer’s presence
    violates Tennessee law. State v. Duer, 
    616 S.W.2d 614
    , 615 (Tenn. Crim. App. 1981). However,
    Tennessee Code Annotated section 40-7-103(a)(6), which governs warrantless arrests by police
    officers, provides in pertinent part as follows:
    (a) An officer may, without a warrant, arrest a person: . . . .
    (6) At the scene of a traffic accident who is the driver of a vehicle involved in such
    accident when, based on personal investigation, the officer has probable cause to
    believe that such person has committed an offense under the provisions of title 55,
    chapters 8 and 10. The provisions of this subdivision shall not apply to traffic
    accidents in which no personal injury occurs or property damage is less than one
    thousand dollars ($1,000) unless the officer has probable cause to believe that the
    driver of such vehicle has committed an offense under § 55-10-401[.]
    5
    Tenn. Code Ann. § 40-7-103(a)(6) (2003); see also Tenn. Code Ann. § 40-7-103(a)(8) (2003).
    Section 55-10-401 prohibits any person from driving or being in physical control of any automobile
    or other motor driven vehicle on any of the public roads and highways of the State while under the
    influence of a drug or intoxicant. Tenn. Code Ann. § 55-10-401 (2003).
    In the case under submission, we conclude that the officers had probable cause to believe that
    the Defendant was the driver of a vehicle involved in an accident and that the Defendant had
    committed the accident while in violation of section 55-10-401. The Defendant told the officers that,
    earlier, he had driven the van, which was involved in an accident with a concrete abutment beside
    Lovell’s driveway. After speaking with the Defendant, the officers noticed that he smelled of
    alcohol, was unsteady on his feet, and had blood shot eyes. These circumstances provided the
    officers with probable cause to believe that Defendant had been involved in an accident while he was
    intoxicated. Therefore, the officer’s warrantless arrest of Defendant was lawful and in accordance
    with section 40-7-103(a)(6), and that the Defendant is not entitled to relief on this issue. Tenn. Code
    Ann. § 40-7-103(a)(6) (2003).
    C. Sufficiency of Evidence
    The Defendant alleges that there is insufficient evidence in the record to support his DUI
    conviction. Specifically, he alleges that the trial court erred when relying solely on circumstantial
    evidence to convict him of DUI. He contends that the evidence did not establish that he drove or was
    in physical control of his van while intoxicated on a public road for the following reasons: (1) there
    were no eyewitnesses to the Defendant driving or occupying his van while intoxicated; (2) the
    officers found the Defendant outside the vehicle and the ignition keys were unaccounted for; (3) the
    engine was not running when the officers found the Defendant next to his van; and (4) the van was
    immobile due to its position on the concrete abutment besides Lovell’s driveway. The State argues
    that it provided sufficient evidence to sustain the Defendant’s DUI conviction for the following
    reasons: (1) the officers found the Defendant on Park Drive, standing next to his van in an
    intoxicated state, shortly after they responded to a dispatch call reporting an accident in the area; (2)
    the Defendant told the officers that he had driven the van earlier; (3) no one was with the Defendant
    when the officers arrived at the scene; and (4) Lovell testified that no one was with the Defendant
    when he knocked on her porch door.
    The trial court found that:
    The Court finds beyond a reasonable doubt that [Defendant] operated his vehicle just
    moments before he was seen at the front door of the Lovell house and then seen by
    officers in the driveway of the Lovell property. And that proof convinces the Court
    beyond a reasonable doubt that he had just operated that vehicle on Park Drive, a
    public street, while under the influence of an intoxicant and he did not have time to
    get under the influence between his operating on the public street and the officers
    discovering him there near the vehicle . . . .
    6
    When an accused challenges the sufficiency of the evidence, this Court’s standard of review
    is whether, after considering the evidence in the light most favorable to the prosecution, any rational
    trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Tenn.
    R. App. P. 13(e); State v. Goodwin, 
    143 S.W.3d 771
    , 775 (Tenn. 2004) (citing State v. Reid, 
    91 S.W.3d 247
    , 276 (Tenn. 2002)). This rule applies to findings of guilt based upon direct evidence,
    circumstantial evidence, or a combination of both direct and circumstantial evidence. State v.
    Pendergrass, 
    13 S.W.3d 389
    , 392-93 (Tenn. Crim. App. 1999).
    In determining the sufficiency of the evidence, this Court should not re-weigh or re-evaluate
    the evidence. State v. Matthews, 
    805 S.W.2d 776
    , 779 (Tenn. Crim. App. 1990). Nor may this
    Court substitute its inferences for those drawn by the trier of fact from the evidence. State v. Buggs,
    
    995 S.W.2d 102
    , 105 (Tenn. 1999); Liakas v. State, 
    286 S.W.2d 856
    , 859 (Tenn. 1956). Questions
    concerning the credibility of the witnesses, the weight and value of the evidence, and all factual
    issues raised by the evidence are resolved by the trier of fact. Liakas, 286 S.W.2d at 859. This Court
    must afford the State of Tennessee the strongest legitimate view of the evidence contained in the
    record, as well as all reasonable inferences which may be drawn from the evidence. Goodwin, 143
    S.W.3d at 775 (citing State v. Smith, 
    24 S.W.3d 274
    , 279 (Tenn. 2000). Because a verdict of guilt
    against a defendant removes the presumption of innocence and raises a presumption of guilt, the
    convicted criminal defendant bears the burden of showing that the evidence was legally insufficient
    to sustain a guilty verdict. Id.; see State v. Carruthers, 
    35 S.W.3d 516
    , 557-58 (Tenn. 2000).
    Under Tennessee law, to support a conviction for DUI, the State is required to prove, beyond
    a reasonable doubt, that the Defendant was driving or “in physical control of any automobile or other
    motor driven vehicle on any of the public roads and highways of the state, or on any streets or alleys
    . . . while . . . [u]nder the influence of any intoxicant . . . .” Tenn. Code Ann. § 55-10-401(a)(1)
    (2004). A criminal offense may be established exclusively by circumstantial evidence. State v.
    Raines, 
    882 S.W.2d 376
    , 380 (Tenn. Crim. App. 1994) (citing State v. Hailey, 
    658 S.W.2d 547
    , 552
    (Tenn. Crim. App. 1983)). However, before an accused can be convicted of a criminal offense based
    on circumstantial evidence alone, the facts and circumstances “must be so strong and cogent as to
    exclude every other reasonable hypothesis save the guilt of the defendant . . . .” Id. (citing State v.
    Crawford, 
    470 S.W.2d 610
    , 612 (Tenn. 1971)). In other words, “A web of guilt must be woven
    around the defendant from which he cannot escape and from which facts and circumstances the jury
    could draw no other reasonable inference save the guilt of the defendant beyond a reasonable doubt.”
    Id. (citing Crawford, 470 S.W.2d at 613).
    The Tennessee Supreme Court has adopted a totality of the circumstances test for the
    purposes of determining whether a person was in physical control of a motor vehicle or driving a
    motor vehicle. State v. Butler, 
    108 S.W.3d 845
    , 850 (Tenn. 2003). Such an inquiry is highly factual
    and all circumstances should be taken into consideration by the trier of fact when determining
    whether the defendant actually drove the vehicle or was in physical control of the vehicle in a
    particular case. Id. The relevant factors that the trier of fact should take into account include:
    [T]he location of the defendant in relation to the vehicle, the whereabouts of the
    7
    ignition key, whether the motor was running, the defendant’s ability, but for his
    intoxication, to direct the use or non-use of the vehicle, or the extent to which the
    vehicle itself is capable of being operated or moved under its own power or
    otherwise.
    State v. Lawrence, 
    849 S.W.2d 761
    , 765 (Tenn. 1993). These factors can be used as circumstantial
    evidence that the Defendant had been driving the vehicle. Butler, 108 S.W.3d at 850.
    In Butler, the Tennessee Supreme Court held that there was sufficient evidence to support
    a defendant’s convictions under section55-10-401(a)(1) because when the defendant was
    apprehended by a police officer he was intoxicated and “was in reasonable proximity to his
    motorcycle (one hundred yards) having just removed the spark plug in the parking lot.” Id. at 851.
    The Court noted that the defendant had admitted to driving the motorcycle to Wal-Mart shortly
    before being arrested. The court concluded that a jury could reasonably find that the defendant had
    driven to Wal-Mart despite the defendant’s contentions that he did not start drinking until after he
    had exited his motorcycle to shop at Wal-Mart. Id. at 850.
    Similarly, in the case at bar, there is sufficient evidence to prove beyond a reasonable doubt
    that the Defendant drove his vehicle while he was intoxicated. The officers found the Defendant in
    an intoxicated state standing right next to his van at a residence on Park Drive shortly after they
    received a dispatch call for an accident that had occurred there. No one was with the Defendant
    when the officers found him next to his van. The Defendant told the officers that he had driven the
    van earlier. Therefore, the evidence in the record does not preponderate against the trial court’s
    finding that the Defendant was driving while intoxicated. When considering all the circumstances
    regarding the Defendant’s arrest for a DUI in a light most favorable to the prosecution, a rational trier
    of fact could have found, beyond a reasonable doubt, that the Defendant drove on a public road while
    intoxicated. Therefore, we conclude that there is sufficient evidence in the record to sustain
    Defendant’s DUI conviction, and that the Defendant is not entitled to relief on this issue.
    III. Conclusion
    In accordance with the foregoing, we conclude that the trial court committed no reversible
    error. Therefore, the judgment of the trial court is affirmed.
    ____________________________________
    ROBERT W. WEDEMEYER, JUDGE
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