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Scott v. State

The Court could not address a constitutional question that did not appear in the record and was not distinctly ruled upon by the trial court.

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Leon Gordon Scott, III appeals from the superior court’s order denying his plea in bar and motion to dismiss the indictment. For the reasons discussed below, we affirm. The record reflects that on January 19, 2009, an officer with the Albany Police Department stopped Scott’s vehicle. Scott received traffic citations for four misdemeanor offenses: operating a motor vehicle with an expired registration, possessing an open container of alcoholic beverage, failing to yield while turning left, and knowingly driving a motor vehicle with a suspended registration. During the stop, an officer searched Scott’s vehicle and found a firearm that had been reported stolen. Two days later, a city detective applied for and obtained warrants to arrest Scott on two felony charges related to the firearm: theft by receiving stolen property and possession of a firearm by a convicted felon.

On February 25, 2009, Scott appeared in the City of Albany Municipal Court on the traffic-related misdemeanors. Scott pled guilty to the expired registration and open container charges, and nolo contendere to the failure to yield charge. The municipal court dismissed the suspended registration charge after Scott paid court costs of $100.

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