FROM CLARK CIRCUIT COURT HONORABLE WILLIAM G. CLOUSE, JR.,
JUDGE ACTION NO. 16-CR-00020
FOR APPELLANT: Erin Hoffman Yang Assistant Public Advocate
FOR APPELLEE: Andy Beshear Attorney General of Kentucky Perry
T. Ryan Assistant Attorney General Frankfort, Kentucky.
BEFORE: COMBS, JOHNSON, AND J. LAMBERT, JUDGES.
LAMBERT, J., JUDGE.
Mundy appeals from a Clark Circuit Court judgment imposing a
total sentence of five years for first-degree trafficking in
a controlled substance; trafficking in marijuana; and being a
convicted felon in possession of handgun. Mundy entered a
plea of guilty to the charges conditioned on his right to
appeal the trial court's denial of his motion to suppress
evidence. We affirm.
City Police Officer Monty Corbett was the sole witness at the
suppression hearing. He testified that a woman named Donna
Connor called 911 to report that her car had been stolen, and
that she was pursuing the stolen car in another vehicle,
heading westbound on the interstate. Officer Corbett drove to
exit 94 of the interstate to intercept the vehicles.
arrived at the exit at about 9:21 p.m., he saw two unoccupied
cars parked on the shoulder. A woman, Donna Connor, and three
men, one of whom was Mundy, were standing on the shoulder,
talking. Officer Corbett separated these individuals and
asked them to keep their hands where he could see them. They
all responded in the negative when he asked whether anyone
had any weapons. He told them to stay where he could see
them, kept the spotlight from his cruiser on them, and then
returned to the cruiser with their driver's licenses to
determine whether any of them had outstanding arrest
other police officers arrived at the scene and began
interviewing Connor and the three men. Connor told the
officers that she had lent the stolen car to her boyfriend on
the assumption that only he would drive it. When she called
him, she discovered that he had allowed the three other men
to drive it. Because they did not have her permission, she
considered the car to be stolen. She told the officers that
she did not want to charge the men with theft of the vehicle
but that she did not want them to use her car.
the police dispatcher informed Officer Corbett that Denzel
Hill, the driver of the car, had a suspended license. Officer
Larratt proceeded to arrest Hill. While Larratt was patting
Hill down, Officer Corbett saw Mundy's hand move up his
side to his waistband and down into his pants. Fearing that
Mundy was reaching for a weapon, Officer Corbett and Sergeant
Riley tackled him. Corbett reached for Mundy's hand and
felt a metal object which he believed was a weapon. Corbett
told the other officers that Mundy had a gun. The officers
searched Mundy and found a pistol and a bag of crack cocaine
inside his underwear.
length of time that elapsed between Officer Corbett's
arrival at the scene at 9:21 p.m. and the time of Mundy's
arrest is not firmly established. The Uniform Citation in the
record reports that he was arrested at 9:52 p.m., whereas
Officer Corbett testified that he arrested Mundy at 10:15
Officer Corbett's testimony, defense counsel conceded
that the stop itself was lawful but argued Mundy should have
been released immediately after Connor explained the
circumstances underlying the supposed theft of her car.
Although the trial court made no specific finding regarding
the length of the detention, it did make an oral finding that
the evidence was properly recovered in the course of a lawful
protective search, and denied the suppression motion.
grand jury had indicted Mundy on the following charges:
first-degree trafficking in a controlled substance, first
offense (cocaine); trafficking in marijuana less than 8
ounces; possession of a handgun by a convicted felon; and
being a persistent felony offender in the second degree.
the denial of his suppression motion, Mundy accepted a plea
agreement from the Commonwealth pursuant to which he entered
a conditional plea of guilty to the first three charges. The
charge of being a persistent felony ...