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. Sallee

Court of Appeals of Missouri, Southern District, First Division

June 18, 2018

STATE OF MISSOURI, Plaintiff-Respondent,
v.
ROGER WAYNE SALLEE, Defendant-Appellant.

          APPEAL FROM THE CIRCUIT COURT OF GREENE COUNTY Honorable Calvin R. Holden.

          OPINION

          GARY W. LYNCH, J.

         Following the trial court's finding that he was a chronic offender and a jury trial, Roger Wayne Sallee ("Defendant") was found guilty of the class B felony of driving while intoxicated ("DWI") and sentenced to a seven-year prison sentence. See sections 577.010 & 577.023.1(2).[1]On appeal, Defendant advances five points of alleged trial court error. In his first four points, Defendant challenges the sufficiency of the evidence supporting the trial court's finding that he was a chronic offender. In point 5, Defendant claims that the trial court abused its discretion in admitting alleged hearsay testimony. Finding no merit in points 1, 4, and 5, which are dispositive of the appeal, we do not reach the remaining points and affirm Defendant's conviction.

         Factual and Procedural Background[2]

         At approximately 8:00 p.m. on February 15, 2015, Springfield Police Officer Chad Hartman ("Officer Hartman") was dispatched to a Famous Footwear located on Independence Road in Springfield on a "check vehicle call" for "an intoxicated male" driving a white Ford Bronco with an Arkansas license plate ("the check-vehicle call"). Officer Hartman observed a vehicle matching the given description, which was operated by Defendant and started to drive away upon Officer Hartman's approach. Officer Hartman initiated a traffic stop and, following the administration of field sobriety tests, ultimately concluded that Defendant was impaired and arrested him. Defendant's blood alcohol content, as measured later by a breathalyzer machine, was .191%.

         Defendant was charged with DWI as a chronic offender. At a pretrial conference, the State offered six exhibits (denominated Exhibits A, B, C, D, E, and F) as evidence that Defendant was convicted on six previous occasions of intoxication-related traffic offenses ("IRTOs") in Arkansas. The trial court admitted these exhibits into evidence and, based solely upon these exhibits, ultimately found Defendant to be a chronic offender beyond a reasonable doubt.

         At trial, Officer Hartman was the only witness to testify. During that testimony, the prosecutor inquired regarding the information that dispatch relayed to Officer Hartman during the check-vehicle call. Defendant objected to this testimony on the basis of "hearsay[.]" The trial court overruled this objection "since it's not for the truth of it, but I'll let it show his actions." Officer Hartman then testified as follows:

Q. (By [the prosecutor]) Officer, you are saying that you were dispatched there?
A. Yes. It was over off of Independence Road at Famous Footwear. Right across the road is Hooters, which is a place to eat, a bar and grill. A female from there called and said an intoxicated male had left there, got into a vehicle, and then drove back behind the Famous Footwear which was where I was sent to.

(Emphasis added).

         Defendant was ultimately found guilty of DWI and sentenced as a chronic offender. He timely appeals, raising five points. For ease of analysis, we consider Defendant's points out of order and points 1, 2, 3, and 4 together.

         Discussion

         Point 5 - Challenged testimony not offered to prove the truth ...


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.