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Posted by: Tanja Trezise on Jan 17, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Terry D. Smart and N. Craig Brigtsen, III, Memphis, Tennessee, for the appellant, Charles Gephart.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Senior Counsel; Amy P. Weirich, District Attorney General; and Charles Bell, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WILLIAMS

The defendant pled guilty to one count of driving under the influence (first offense), a Class A misdemeanor, while reserving a certified question of law concerning the legality of the traffic stop that led to his arrest. The defendant was sentenced to eleven months and twenty-nine days, and permitted to serve all but two days of this sentence on probation. On appeal, the defendant claims that the trial court erred by denying his motion to suppress, claiming that the State failed to prove that the police officer initiating the traffic stop had a reasonable suspicion that the defendant had committed or was about to commit an offense. After carefully reviewing the record and the arguments of the parties, we conclude that the certified question reserved by the defendant did not clearly outline the scope and limits of the question presented as required by existing precedent. We dismiss the appeal accordingly.