Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Turner

Court of Appeals of Iowa

September 13, 2017

STATE OF IOWA, Plaintiff-Appellee,
v.
BRICE TURNER, Defendant-Appellant.

         Appeal from the Iowa District Court for Marshall County, Kim M. Riley, District Associate Judge.

         Brice Turner appeals from the judgment entered following a verdict of guilty on charges of eluding and operating while intoxicated.

          Harry L. Haywood III of Haywood Law Office, Eldora, for appellant.

          Thomas J. Miller, Attorney General, and Louis S. Sloven, Assistant Attorney General, for appellee.

          Considered by Vaitheswaran, P.J., and Tabor and Mullins, JJ.

          MULLINS, JUDGE.

         Brice Turner appeals from the judgment entered following a verdict of guilty on charges of eluding and operating while intoxicated (OWI). He argues his constitutional rights were violated and insufficient evidence supports his convictions. Because Turner has failed to show a violation of his constitutional rights on any issue properly before us and sufficient evidence supports his convictions, we affirm.

         I. Background Facts and Proceedings.

         Marshalltown Police Department Sergeant Kiel Stevenson was on duty when he saw Turner drive a Toyota 4Runner into the entrance of a park just after midnight on August 30, 2015. Once inside the park, the Toyota turned and headed off the paved area and onto the grass. At that time, Sergeant Stevenson noticed the Toyota's taillights were not illuminated.[1] The Toyota proceeded past a tree before turning around and returning to the pavement.

         Sergeant Stevenson activated his patrol vehicle's overhead lights to initiate a traffic stop, but Turner maneuvered the Toyota in front of and past Stevenson's vehicle without stopping. As the Toyota passed, the patrol vehicle's headlights shined inside to illuminate Turner and his passenger. The passenger looked directly at the patrol car, but Turner kept his eyes ahead and avoided looking over, even when Sergeant Stevenson sounded the patrol vehicle's horn.

         Turner exited the park and headed down Woodland Street while Sergeant Stevenson followed in his patrol vehicle with its overhead lights and sirens activated. Eventually, Turner drove onto a residential driveway, across a lawn, and into the parking lot of T.C.'s Pub before stopping.

         Sergeant Stevenson stopped his vehicle directly behind the Toyota and left the overhead lights activated as he exited. The sergeant yelled at the Toyota's occupants, "Hands up!" Although Sergeant Stevenson ordered Turner to remain in the vehicle, Turner opened his door. Sergeant Stevenson continued ordering Turner to remain in the vehicle and not move while Turner exited with his hands over his head. The sergeant yelled, "Stop right now!" and "Don't move!" while Turner stepped to the side and closed the driver's door with one hand. Turner then remained standing with his back to the patrol car and his arms stretched over his head as other law enforcement officers arrived at the scene.

         Turner continued to stand for a period of time before folding his hands behind his head and, without prompting, beginning to go down to his knees while Sergeant Stevenson yelled at Turner to stand up. Turner then stood, lurching slightly as he rose with his hands still clasped behind his head. When Sergeant Stevenson told Turner to walk backward toward the sound of his voice, Turner complied by taking small steps backward until the sergeant told him to "stop right there." Another officer then took over, directing Turner to "step back to [her] voice, " and Turner took a few sideways steps before continuing backward.

         Sergeant Stevenson believed Turner was under the influence of alcohol after smelling "a strong odor of alcohol emitting from him" and observing his "red, watery" eyes, in addition to Tuner's "overall demeanor, slow reaction time, . . . [and] inability or unwillingness to answer basic questions, similar to other [intoxicated] people that [Sergeant Stevenson had] witnessed." While transporting Turner to the police station, Officer Stephen Sheets also smelled "the moderate odor of alcohol on [Turner's] breath" and observed that Turner was "unsteady on his feet, " had "kind of a stagger, " "had watery eyes, " and "would occasionally slur words."

         Once at the police station, Officer Sheets attempted to administer the horizontal gaze nystagmus test to Turner. The test showed indications that Turner was intoxicated before Turner told the officer to "forget it" and refused further attempts to complete the test. Officer Sheets asked Turner to complete other field sobriety tests, but Turner was uncooperative, stating, "I can't count backward and cannot recite my ABCs." He also told the officer, "No foot tests. I can't do that shit when I'm totally sober" and claimed his ankle was broken. Although Turner would not perform the tests, he also claimed he was not refusing to take them but was "tired." Turner also refused to take a preliminary breath test, telling Officer Sheets, "You are not putting anything in my mouth, no matter how much you want to. I am tired and want to go to bed."

         Officer Sheets invoked implied consent and requested that Turner provide him with a breath sample. Turner called his wife and spoke to her at length before Officer Sheets asked Turner again whether he wanted to take the breath test. Turner replied, "I'm tired. I can't count backwards." Officer Sheets marked Turner down as having refused the test.

         Officer Sheets read Turner his rights, and Turner consented to answer some questions. During the interview, Turner denied that he had been driving the Toyota even though he exited the driver's side of the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.