Investigation was proper where police were informed
defendant was passed out in vehicle; when they arrived headlights were on, keys
in ignition, and police observed alcohol-smelling vomit around car, on car, and
on defendant. Judgment and sentence affirmed.
NOT FINAL UNTIL TIME EXPIRES FOR REHEARING
AND IF FILED, DETERMINED
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
OF THE STATE OF
v.†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Appeal No. CRC 06-88 APANO
Opinion filed ________________.
Appeal from a judgment and sentence
imposed by the Pinellas County Court
County Court Judge John D. Carballo
Curtis M. Crider, Esquire
Attorney for appellant
Jason Bard, Esquire
Assistant State Attorney
ORDER AND OPINION
††††††††††† THIS MATTER is before the Court on
the defendant, Devon Andersonís, appeal from a judgment and sentence imposed by
defendant entered a no contest plea to DUI charges, reserving his right to
appeal the denial of his motion to suppress. The defendant claims all evidence
following his initial detention should be suppressed because he was improperly
detained. A trial courtís determination of reasonable suspicion to conduct an
investigatory stop or detention is subject to de novo review. Ornelas
††††††††††† An employee of Publix contacted the sheriffís department and informed them †about an individual who was passed out in a vehicle in the Publix parking lot. A deputy responded to the scene and found the defendantís vehicle parked. The windows were down, the headlights were on, the keys were in the ignition and the dome light was dimly lighted. He observed vomit on the asphalt outside the driverís door and also on the passengerís seat. There was a distinct odor of alcohol coming from both the vomit and defendant. The defendant was passed out behind the wheel, lying back in the driverís seat. He had vomit on his shirt and chin. The deputy testified he was concerned for the defendantís health. He then removed the keys from the ignition to prevent the vehicle from moving, and attempted to wake the defendant. The defendant was ultimately arrested for DUI.
††††††††††† Contrary to the assertions of the
defendant, this situation is not like that in Danielewicz v. State, 730
So.2d 363 (
††††††††††† The trial court correctly denied the defendantís motion to suppress. Therefore, the judgment and sentence is affirmed.
††††††††††† IT IS THEREFORE ORDERED that the judgment and sentence is affirmed.
††††††††††† ORDERED at
††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† ††††† Linda R. Allan
††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† †† Circuit Court Judge
††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† ††††† R. Timothy Peters†
†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Circuit Court Judge
††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† †††††† John A. Schaefer
††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† ††††† Circuit Court Judge
cc:††††††† Curtis M. Crider, Esquire
††††††††††† Office of the State Attorney
††††††††††† Honorable John D. Carballo