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VEA-r,iviior,rs. 10, zl../19
NOT TO BE PUBLISHED
(E-ourf of l',Rrtiftithg
2013-SC-000788-MR
DANIEL C. STOVALL APPELLANT
ON APPEAL FROM BOYLE CIRCUIT COURT
V. HONORABLE DARREN PECKLER, JUDGE
NO. 13-CR-00071
COMMONWEALTH OF KENTUCKY APPELLEE
MEMORANDUM OPINION OF THE COURT
AFFIRMING
A Boyle Circuit Court jury found Appellant, Daniel C. Stovall, guilty of
four counts of first-degree criminal mischief, three counts of third-degree
burglary, and two counts of theft by unlawful taking. As a result, he was
sentenced to twenty years' imprisonment. He now appeals as a matter of right,
Ky. Const. § 110(2)(b), asserting that the trial court erred by (1) denying his
pre-trial motion to suppress evidence seized from his unlawful arrest, (2)
permitting Sheriff Curt Folger to testify as to hearsay statements made by
another law enforcement officer during the investigation, and (3) permitting
Officer Chris Stratton to testify about the contents of a surveillance video that
was not produced in discovery and was unavailable by the time of trial. For the
following reasons, we affirm.
I. BACKGROUND
Parksville Country Store, Hardee's BP, and Old Bridge Golf Club in Boyle
County were burglarized all on the same night. Burglaries also continued into
neighboring Lincoln County that night. Based on the surveillance video footage
obtained from Parksville Country Store, police suspected that one black male
and two white males were responsible for the burglaries. It also led police to
believe that the men were driving a dark colored sport utility vehicle ("SUV").
As a result, Sergeant Sim Thacker of the Lincoln County Sheriff's Department
attempted to pull over a black SUV, but the driver sped up and evaded
Sergeant Thacker. Subsequently, police found the SUV abandoned, containing
various stolen items from the burglarized stores. Police also found a wallet in
the SUV, which contained a photograph of a young boy.
Approximately twelve hours later and one and one half miles from the
abandoned SUV, Appellant, a black male, was going from business to business
attempting to obtain a ride from someone. Appellant eventually entered a
green taxi, which drove approximately one mile before stopping to pick up a
white male passenger, Joshua Johnson. Believing that these men matched the
description of the burglars, Lincoln County Sheriff Curt Folger and Lancaster
Police pulled the taxi over and arrested both passengers.
During the stop, Sheriff Folger noticed that the passengers were dressed
the same as the burglars on the surveillance video. Sheriff Folger also
discovered a photograph in Johnson's wallet which was identical to that found
in the abandoned SUV. After taking Appellant and Johnson to the police
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station, law enforcement officers learned that the SUV, Johnson, and Appellant
were all from Indiana. Police fingerprinted both suspects and, pursuant to a
warrant, obtained DNA samples from Appellant and Johnson. Appellant's
fingerprints and DNA matched those on a black plastic bag and gloves found in
the SUV.
Appellant filed a motion to suppress evidence discovered by police after
his arrest on the grounds that the police illegally stopped the green taxi and
arrested Appellant. The trial court denied his motion, and the case proceeded
to jury trial. At trial and over Appellant's objection, Sheriff Folger testified that
Special Deputy Hal Akers told him about Appellant going from business to
business and entering the green taxi. Folger further testified the information
provided by Akers led him to stop the taxi. Appellant also objected when
Officer Chris Stratton testified about what he had seen on the Parksville
Country Store's surveillance video because the video was not produced in
discovery or played for the jury at trial. This objection was also overruled, and
Appellant was convicted by a jury of the aforementioned charges and sentenced
to twenty years' imprisonment. This appeal followed.
II. ANALYSIS
A. The Trial Court Did Not Err by Denying Appellant's Suppression
Motion
Appellant asserts that the trial court improperly denied his motion to
suppress evidence seized after his arrest. He contends that police lacked the
requisite probable cause to arrest him, and therefore, evidence seized following
the arrest was the inadmissible fruit of an unlawful arrest. An appellate
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court's standard of review when addressing a suppression motion regarding an
alleged illegal search or seizure is two-fold:
First, historical facts should be reviewed for clear error, and the
facts are deemed to be conclusive if supported by substantial
evidence. Second, determinations of rea.sonable suspicion a.nd.
probable cause are mixed questions of law and fact and. are,
therefore, subject to de novo revie:w. in addition, we are bound to
give "clue weight to i.n.ferences drawn from th.ose facts by :resident
judges and local law enforcement officers."
Bander v. Colionoinvea