State v. Franks

Summary

Elizabeth Franks appealed her Wood County convictions for operating a vehicle under the influence of alcohol, following a jury trial arising from a single-vehicle accident. The Sixth District Court of Appeals addressed the admission of recovered accident-scene photographs and whether the officer had reasonable suspicion to administer field sobriety tests and probable cause to arrest Franks for OVI. The opinion states that the trial court's judgment was affirmed in part and reversed in part.

Holdings

1. The trial court did not abuse its discretion by reopening the suppression hearing and considering the photographs before ruling on the motion to suppress.
2. The officer had reasonable suspicion, based on the totality of the circumstances, to request that Franks perform field sobriety tests.
3. The officer had probable cause to arrest Franks for OVI.
4. The evidence was sufficient to support Franks's OVI convictions, and the convictions were not against the manifest weight of the evidence.
5. A trial court may impose a term of up to six months at a community-based correctional facility as a condition of community control, but may not impose an indefinite term limited only by successful completion of the program.

Questions Presented

1. Whether the trial court abused its discretion by reopening the suppression hearing to receive photographs that had initially been believed lost.
2. Whether the officer had reasonable suspicion to request field sobriety tests.
3. Whether the officer had probable cause to arrest Franks for OVI.
4. Whether the evidence was legally sufficient to support the OVI convictions.
5. Whether the convictions were against the manifest weight of the evidence.
6. Whether the trial court unlawfully imposed an indefinite term at a community-based correctional facility after imposing a mandatory prison term.

Disposition

reversed_and_remanded