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Appling v. State

The defendant was not entitled to Miranda warnings prior to administration of field sobriety testing, since he failed to establish that a reasonable person would have believed he was in custody, rather than temporarily detained.

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After a jury trial, Robert Earl Appling was convicted of driving under the influence of drugs such that it was less safe to do so,1 for driving under the influence of alcohol such that it was less safe to do so,2 and for driving under the influence of two or more substances such that it was less safe to do so.3 On appeal, Appling argues that the trial court erred by denying his motion for new trial and motion to suppress the results of the field sobriety tests because he was in custody for purposes of Miranda v. Arizona4 and was not properly advised of his rights. We disagree and affirm for the reasons that follow.

In reviewing a trial court’s ruling on a motion to suppress, we construe the evidence in a light favorable to upholding the trial court’s finding and judgment. We will not disturb the trial court’s ruling if there is any evidence to support it, and we accept the trial court’s credibility determinations unless clearly erroneous. The trial court’s application of law to undisputed facts, however, is subject to de novo review.5

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