Page:Jackson v. State, 2013 Ark. 201, 427 S.W.3d 607.pdf/1

 Cite as 2013 Ark. 201

CR12-859 RONALD TYWAN JACKSONAPPELLANT

V.

STATE OF ARKANSASAPPELLEE May 16, 2013

APPEAL FROM THE LONOKE COUNTY CIRCUIT COURT [NO. CR-2011-15-2]

HONORABLE BARBARA ELMORE, JUDGE

AFFIRMED; COURT OF APPEALS' OPINION VACATED.



Appellant Ronald Tywan Jackson appeals the order of the Lonoke County Circuit Court convicting him of possession of marijuana with intent to deliver and sentencing him to a term of five years' imprisonment in the Arkansas Department of Correction. On appeal, he argues that the circuit court erred in denying his motion to suppress (1) evidence seized pursuant to an illegal detention, (2) evidence where the warrantless search of his vehicle was not reasonable, and (3) the custodial statement that violated his Miranda rights and the fruit-of-the-poisonous-tree doctrine. We affirm.

The record reflects the following facts. On October 26, 2010, at approximately 3:39 p.m., Corporal Trenton Behnke of the Arkansas State Police stopped a pickup truck traveling eastbound on Interstate 40. According to Corporal Behnke, he stopped the vehicle because of an "[i]mproper lane change, cutting in front of a tractor trailer, and following too close." Leonard Maysonet was driving the vehicle, Jackson was the front-seat passenger, and John Fykes was a rear-seat passenger. Upon approaching the vehicle, Corporal Behnke did not