X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Dillard, Presiding Judge. Trenedy Maddox challenges his convictions on charges of possession of a firearm by a convicted felon, failure to report an accident, and failure to maintain lane. Specifically, he agrues that the trial court erred in denying his motion to suppress evidence discovered at the scene of his one-vehicle accident. In doing so, Maddox contends that the law enforcement officer’s pat-down search of him was not supported by a reasonable suspicion that he was dangerous and the discovery of the handgun in his vehicle was not justified by the plain-view doctrine. But these issues were waived by Maddox’s subsequent guilty plea, so we affirm his convictions. Not long after midnight on October 30, 2018, a Walton County sheriff’s deputy responded to a report of a one-vehicle accident in a wooded area on a county road. Upon arriving at the scene, the deputy observed a white pickup truck flipped over in a ditch off the side of the road and also encountered the vehicle’s owner—who was ultimately identified as Maddox. An off-duty DeKalb County police officer—who initially reported the accident—was also on the scene and explained to the deputy that Maddox had extricated himself from the truck, briefly left on foot, and then returned. As the deputy began speaking to Maddox, he smelled an alcoholic beverage odor and noticed that Maddox kept reaching toward his pockets. This alarmed the deputy, who feared that Maddox might be armed. As a result, the deputy immediately conducted a pat-down search of Maddox and felt what he suspected was a handgun magazine. Then, when the deputy asked Maddox what was in his pocket, Maddox told him to “take it,” at which point the deputy retrieved a loaded magazine. Shortly after the foregoing discovery, a sergeant with the sheriff’s department arrived on the scene. And after the deputy informed him about finding the loaded magazine in Maddox’s pocket, the sergeant walked over to Maddox’s truck and—by peering through the rear window—immediately spotted a black and silver colored handgun inside the vehicle. The deputy subsequently placed Maddox under arrest and, shortly thereafter, determined he had a felony record. In addition, because Maddox’s truck was inoperable, the deputy inventoried its contents and had it towed away by a wrecker service. The State later charged Maddox, via accusation, with one count each of possession of a firearm by a convicted felon, failure to report an accident, and failure to maintain lane. And Maddox ultimately filed a motion to suppress the evidence seized at the scene of his accident. The trial court conducted a hearing on the matter, in which both the deputy and the sergeant testified; and at the conclusion of the hearing, the court denied Maddox’s motion. Several months later, Maddox pleaded guilty to all three charges in the accusation after a hearing, in which the court thoroughly explained the rights he was waiving by doing so. This appeal follows. Maddox contends that the trial court erred in denying his motion to suppress evidence discovered at the scene of his one-vehicle accident, arguing that the law enforcement officer’s pat-down search was not justified by a reasonable suspicion that he was dangerous and the discovery of the handgun in his vehicle was not supported by the plain-view doctrine. But it is axiomatic that a defendant “waives any error in the denial of [his] motion to suppress by pleading guilty.”[1] In fact, this is true even when the prosecutor and the trial court agree that, “if the defendant pleads guilty, [he] would still be able to appeal the issue.”[2] Accordingly, this Court is “precluded from reviewing that decision.”[3] For all these reasons, the trial court’s judgment is affirmed. Judgment affirmed. Mercier and Colvin, JJ., concur.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More

We are seeking two attorneys with a minimum of two to three years of experience to join our prominent and thriving education law practice in...


Apply Now ›

Description: Fox Rothschild has an opening in the New York office for a Real Estate Litigation Associate with three to six years of commerci...


Apply Now ›

Downtown NY property and casualty defense law firm seeks a Litigation Associate with 3+ years' experience to become a part of our team! You ...


Apply Now ›