Evans v. State

Jamey Evans was charged by accusation with driving under the influence of drugs1 and with failing to keep Demerol pills in their original container.2 Evans pled not guilty to the charges and moved to suppress evidence of laboratory test results showing the presence of methamphetamine in his urine. He subsequently waived his right to a jury trial and agreed that the evidence presented at the hearing on his motion to suppress could also serve as the evidence for his trial before the judge sitting without a jury. At the combined suppression hearing and bench trial, the state presented three witnesses and several exhibits. Evans introduced no evidence. After hearing the testimony and arguments of counsel, the trial court denied Evans’ motion to suppress evidence of the laboratory test results, finding that Evans had been arrested, had been given the implied consent notice and had then consented to tests of his blood and urine. The court then found Evans guilty of driving under the influence of drugs, but not guilty of failing to keep Demerol tablets in their original container. The court sentenced Evans to serve 12 months of probation.

Evans appeals from his conviction. His sole enumeration of error is that the trial court erred in denying his motion to suppress evidence. In reviewing the denial of Evans’ motion to suppress, we must construe the evidence most favorably to uphold the trial court’s findings and judgment.3