STATE OF NORTH CAROLINA
v. Swain County
No. 01 CR 153
HUEY LEE BUCHANAN
Defendant
Attorney General Roy Cooper, by Assistant Attorney General
Patricia A. Duffy, for the State.
McKeever, Edwards, Davis & Hays, PA, by Fred H. Moody, Jr.,
for defendant-appellant.
BRYANT, Judge.
Huey Lee Buchanan (defendant) appeals orders filed 4 September
2003 and 23 August 2004, entered consistent with hearings before
the Honorable C. Philip Ginn and the Honorable Zoro J. Guice, Jr.
The parties have stipulated to the following statement of
facts:
Defendant was charged by citation with
driving while impaired (N.C. Gen. Stat. §20-
138.1) and improper turn (N.C. Gen. Stat. §
20-
153(a)) on January 28, 2001. The matters came
on for trial before the Honorable Danny E.
Davis, Judge of the District Court, sitting in
Swain County on the 10th day of October 2002.
The Defendant was arraigned and entered
pleas of not guilty. The State offered
evidence from the arresting officer and his
supervising officer concerning the stop of the
Defendant on January 28, 2001.
At a point in
the presentation of the evidence, Judge Davis
allowed a defense motion to suppress further
testimony from the two witnesses called by the
State on the ground that the Defendant had
been unlawfully detained. The State made no
tender of additional evidence and made no
request for a recess or voir dire examination.
Upon inquiry by the Court, the State rested.
At the close of the State's evidence, the
Defendant moved to dismiss the driving while
impaired charge for insufficiency of the
State's evidence. The Court allowed the
motion and entered a judgment of dismissal.
On 16 October 2002, the State appealed to Superior Court
pursuant to N.C.G.S. § 15A-1432. The State requested a de novo
hearing of the order dismissing the driving while impaired charge,
as well as reinstatement of the driving while impaired charge
against defendant. The State argued that the order dismissing the
case, as well as the granting of defendant's motion to suppress,
were erroneous. On 28 October 2002, defendant moved to dismiss the
appeal on the ground that allowing the State's motion would subject
him to double jeopardy. Defendant's motion to dismiss was denied
on 4 September 2003. On 23 August 2004, the Superior Court entered
an order reinstating the driving while impaired charge against
defendant and remanding the matter to district court for further
proceedings. On 25 August 2004, defendant filed written notice of
appeal.
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