State v. Love
State v. Love
Opinion of the Court
SUMMARY OPINION
¶ 1 Ronald Maquince Love and Corey Michael White were charged with Unlawful Possession of Marijuana With Intent to Distribute in violation of 63 O.S.2001, § 2-401(B)(2), in the District Court of Beckham County, Case No. CF-2002-25. After Love and White were bound over, they filed a Motion to Suppress. After a hearing on the motion, the Honorable Charles L. Goodwin suppressed the evidence, dismissed the case, and exonerated the defendants’ bonds. The State appeals from this decision on a reserved question of law.
¶2 The State asks this Court to decide whether uniformed officers can use unmarked cars, equipped with combinations of flashing lights, to make traffic stops. After thorough consideration of entire record before us, including the original record, transcripts, briefs, and exhibits, we answer the question “yes.”
¶ 3 The Legislature has prohibited any municipality or sheriffs department from using “any vehicle which is not clearly marked as a law enforcement vehicle for routine traf
¶ 4 These statutes are easily reconciled. In enacting the statutes requiring marked cars, the Legislature’s explicit concern was the “increased number of persons impersonating law enforcement officers by making routine traffic stops while using unmarked cars.”
Decision
¶ 5 Reserved Question of Law Answered.
. 22 O.S.2001, § 1053(3). Subsection 3 of the statute permits appeals of a dismissal based on suppression of evidence as reserved questions of law. During the pendency of this appeal, the statute was amended. Subsection 5 allows for appeals of pretrial orders suppressing or excluding evidence. The State urges us to review this case under subsection 5 rather than subsection 3. However, under the circumstances of this case subsection 3 is the appropriate section. The trial court did not merely issue a pretrial order; it dismissed the case. There was no order staying the proceedings. The trial court's order suppressing the evidence and dismissing the case bars further prosecution. State v. Campbell, 1998 OK CR 38, 965 P.2d 991, 992.
. 11 O.S.2001, § 34-106; 19 O.S.2001, § 180.43(D).
. 47 O.S.2001, § 12-218.
. 11 O.S.2001, § 34-106; 19 O.S.2001, § 180.43(D).
. Legislative intent controls statutory interpretation. "Intent is ascertained from the whole act in light of its general purpose and objective considering relevant provisions together to give full force and effect to each.” Keating v. Edmondson, 2001 OK 110, 37 P.3d 882, 886.
. Huskey v. State, 1999 OK CR 3, 989 P.2d 1, 6; Reupert v. State, 1997 OK CR 65, 947 P.2d 198, 201.
Concurring in Part
concurs in part/dissents in part.
¶ 1 I concur in the decision and analysis concerning whether uniformed officers can use unmarked cars, equipped with combinations of flashing lights, to make routine traffic stops. However, I dissent to the decision and analysis regarding which section of 22 O.S.2001, § 1053 is applicable. The Opinion’s analysis and decision that the appeal is a reserved question of law is based on the determination that the trial court’s dismissal of the case bars further prosecution.
¶ 2 22 O.S.2001, § 1053(3) provides that an appeal may be taken by the State upon a reserved question of law. To pursue such an appeal, there must be a judgment of acquittal or an order of the court which expressly bars further prosecution. State v. Campbell, 1998 OK CR 38, ¶ 8, 965 P.2d 991, 992-993. In Campbell the trial court found Appellee’s double jeopardy rights were violated and held that further prosecution was barred. Id.
¶3 In the instant case, the appeal was taken from the trial court’s dismissal of the case for insufficient evidence subsequent to sustaining the defendant’s motion to suppress. The ruling of the trial court, sustaining the defendant’s motion to quash the information based upon insufficient evidence,
¶4 22 O.S.2001, § 504.1, provides for the filing of a motion to quash for insufficient evidence after preliminary hearing. 22 O.S. 2001, § 1053(4), allows an appeal by the State upon a judgment for the defendant on a motion to quash for insufficient evidence in a felony matter. Therefore, under the circumstances of this case subsection 4 is the appropriate section for the appeal, and there is no bar to further prosecution. Additionally, 22 O.S.2001, § 817 provides that an order of dismissal is not a bar to further prosecution. This defendant has received a windfall to which he is not entitled under the law.
¶ 5 I am authorized to state that Judge Lumpkin joins in this writing.
Reference
- Full Case Name
- The STATE of Oklahoma, Appellant v. Ronald LOVE and Corey Michael White, Appellee
- Cited By
- 7 cases
- Status
- Published