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Phillips v. State

The trial court properly admitted pictures of the defendant's damaged vehicle, which officers found in plain sight in the back of his home while investigating the victim's report that he saw the defendant's vehicle leaving the scene immediately before discovering damage to his own truck.

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A jury convicted Jerone Phillips of criminal damage to property and making a terroristic threat after he rammed a neighbor’s pickup truck with his own and shot up the victim’s house and two more of his vehicles. Phillips now appeals on the ground that the trial court erred when it denied his motion to suppress photographs taken by police investigating the incident, who went into his backyard and saw the truck described by the victim parked in a shelter. We find no error and affirm. Where the evidence at a hearing on a motion to suppress is uncontroverted and no question of credibility is presented, we review the trial court’s application of the law to undisputed facts de novo.1 As to questions of fact and credibility, however, we defer to the trial court’s determination, affirming its decision unless clearly erroneous.2

So viewed, the record shows that the victim purchased land that Phillips, who lived nearby, had once rented. Phillips’s attorney sent a letter to the victim asking him if Phillips could take down a house and an electric fence he had erected on the property during the time he rented it. The victim did not respond to the letter.

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