People v. Maxey

(Court opinion corrected 9/28/18.) (adding link) Defendant was convicted, after bench trial, of residential burglary and aggravated fleeing or attempting to elude a peace officer. State's cross-examination of Defendant as to his location prior to traffic stop was relevant to suppression hearing and factored into whether officers had a reasonable suspicion to stop his vehicle. By testifying, Defendant placed his credibility in issue.Officers had reasonable suspicion to detain Defendant for a Terry stop, as his vehicle matched description of vehicle involved in burglary, and was seen close by to site of burglary immediately after radio call. Defendant's flight from stop further ripened into probable cause to arrest. Defendant knowingly and voluntarily waived right to jury trial; waiver was in writing, and Defendant orally affirmed his understood his right to jury trial. Evidence failed to establish the essential element that officers were in uniform, and thus conviction for aggravated fleeing or attempting to elude peace officer is reversed.  (HOWSE, concurring; and ELLIS, dissenting.)