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Pittman v. State

The Court of Appeals affirmed the denial of defendant's motion to suppress evidence, since it could not review evidentiary matters critical to the motion without the jury trial transcript.

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Following a jury trial, Robert Lee Pittman appeals his DUI less safe1 conviction, arguing that the trial court erred in denying his motion to suppress evidence obtained during an allegedly illegal traffic stop and subsequent arrest. Because Pittman chose to exclude the transcript of his jury trial from the appellate record, we cannot review evidentiary matters critical to the issues raised, and we must therefore affirm. The only issue on appeal is whether the trial court erred in denying Pittman’s motion to suppress. That motion argues that i the evidence of Pittman’s intoxication and impairment came from a traffic stop by police, for which the police had no reasonable, articulable suspicion of criminal activity, and ii the evidence of his refusing to submit to a chemical test of his breath was tainted by the police’s waiting too long after his arrest before giving him an implied consent warning.2 Following an evidentiary hearing on this motion, the court denied same. A jury found Pittman guilty on the single charge of DUI less safe. The court denied Pittman’s motion for new trial, giving rise to this appeal.

In his notice of appeal, Pittman directs the clerk to include in the appellate record the transcripts from the hearings on the motion to suppress and the motion for new trial, but directs the clerk to exclude the trial transcript, citing monetary concerns and reasoning that the hearing transcripts will suffice. Nothing indicates that Pittman ever applied for indigency status.

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