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Beville v. State

The trial court properly admitted the drug evidence officers seized from the defendant's vehicle, since the inventory search of the vehicle was proper.

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Phillip James Beville was tried in a bench trial and convicted of trafficking in cocaine1 and possession of less than one ounce of marijuana.2 Following the denial of his motion for a new trial , Beville appeals, contending: 1 the evidence was insufficient to support the verdict; 2 he did not effectively waive his right to a jury trial; 3 the trial court erred in failing to grant Beville’s motion to suppress; and 4 the State failed to prove the chain of custody of the alleged contraband. For the reasons set forth below, we affirm.

Construing the evidence in favor of the verdict,3 the record shows that late at night on April 30, 2010, an officer was on patrol watching westbound traffic on I-20 for moving violations. The officer observed Beville driving a vehicle that the officer believed had an illegal window tint,4 so he activated his emergency lights and executed a traffic stop. The officer approached the vehicle, and he immediately smelled the odor of burnt marijuana as Beville rolled down his window.

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