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Fountain v. State

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OPINION

After Gary Wayne Fountain pleaded nolo contendere to the misdemeanor offense of Driving While Intoxicated (DWI), he was convicted and assessed a probated sentence, the terms of which include suspension of his incarceration in the Liberty County Jail for a term of one year. Complaining of the trial court’s denial of a pre-trial written motion to suppress ruled on prior to his plea of nolo contendere, Fountain appeals his conviction via a designation in his notice of appeal. See Tex. R. App. P. 25.2(b)(3). Fountain’s appellate issues complain that the deputies involved in the initial investigation lacked authority to detain him, and that the detention was rendered illegal because the Liberty County deputy who ultimately detained appellant was outside his jurisdiction, had no warrant, and observed no criminal offense.

It is unclear from either a reading of Fountain’s written motion to suppress or from an examination of the testimony before us exactly what “evidence” Fountain was requesting the trial court to suppress in connection with the charged offense. The written motion cryptically refers to the “seizure of the vehicle of the Defendant,” but we are not told in what way Fountain’s vehicle was used in his prosecution. Furthermore, the record is also silent as to which law enforcement agency transported Fountain to what facilities or how Fountain eventually was charged with DWI, except that Liberty County ultimately prosecuted him for DWI. At any rate, the transcribed recorder’s record before us of the suppression hearing is an abbreviated one. Said record contains the testimony of Deputy Scott Paske of the Polk County Sheriff’s Office, and Deputy Todd Mauthe of the Liberty County Sheriff’s Office. *fn1

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