Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Fountain v. State

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
OPINION

After Gary Wayne Fountain pleaded nolo contendere to the misdemeanor offense of Driving While Intoxicated (DWI), he was convicted and assessed a probated sentence, the terms of which include suspension of his incarceration in the Liberty County Jail for a term of one year. Complaining of the trial court’s denial of a pre-trial written motion to suppress ruled on prior to his plea of nolo contendere, Fountain appeals his conviction via a designation in his notice of appeal. See Tex. R. App. P. 25.2(b)(3). Fountain’s appellate issues complain that the deputies involved in the initial investigation lacked authority to detain him, and that the detention was rendered illegal because the Liberty County deputy who ultimately detained appellant was outside his jurisdiction, had no warrant, and observed no criminal offense.

It is unclear from either a reading of Fountain’s written motion to suppress or from an examination of the testimony before us exactly what “evidence” Fountain was requesting the trial court to suppress in connection with the charged offense. The written motion cryptically refers to the “seizure of the vehicle of the Defendant,” but we are not told in what way Fountain’s vehicle was used in his prosecution. Furthermore, the record is also silent as to which law enforcement agency transported Fountain to what facilities or how Fountain eventually was charged with DWI, except that Liberty County ultimately prosecuted him for DWI. At any rate, the transcribed recorder’s record before us of the suppression hearing is an abbreviated one. Said record contains the testimony of Deputy Scott Paske of the Polk County Sheriff’s Office, and Deputy Todd Mauthe of the Liberty County Sheriff’s Office. *fn1

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

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

LEARN MORE

More From ALM

Premium Subscription
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
Team Accounts
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
Bundle Subscriptions
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
Go to CLE Center
GlobeSt. Multifamily Fall 2024
October 15, 2024
Los Angeles, CA

Join the industry's top owners, investors, developers, brokers & financiers at THE MULTIFAMILY EVENT OF THE YEAR!


Learn More
California Legal Awards 2024
October 15, 2024
Los Angeles, CA

Law.com celebrates the California law firms and legal departments driving the state's dynamic legal landscape.


Learn More
Texas Legal Awards 2024
October 15, 2024
Dallas, TX

The Texas Lawyer honors attorneys and judges who have made a remarkable difference in the legal profession in Texas.


Learn More
Go to Events Go to Webcasts
Vice President, Ethics & Compliance

CORE RESPONSIBILITIES AND TASKS: Reporting to the Senior Vice President, Chief Legal Officer &...


Apply Now ›
Vice President, Labor Strategy and Senior Associate General Counsel

Yale New Haven Health seeks a dynamic and collaborative executive to serve as its Vice President, Labor Strategy and Senior Associate Genera...


Apply Now ›
Chief Deputy Law Enforcement Auditor

Nestled in the heart of Northern California Wine Country, Sonoma County is the largest county in the North Bay region of the San Francisco B...


Apply Now ›
Go to Lawjobs