Joseph Franklin Sechrist v. Commonwealth of Virginia

CourtCourt of Appeals of Virginia
DecidedJuly 2, 2024
Docket1062233
StatusPublished

This text of Joseph Franklin Sechrist v. Commonwealth of Virginia (Joseph Franklin Sechrist v. Commonwealth of Virginia) is published on Counsel Stack Legal Research, covering Court of Appeals of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Joseph Franklin Sechrist v. Commonwealth of Virginia, (Va. Ct. App. 2024).

Opinion

COURT OF APPEALS OF VIRGINIA PUBLISHED

Present: Judges Friedman, Chaney and Lorish Argued at Salem, Virginia

JOSEPH FRANKLIN SECHRIST OPINION BY v. Record No. 1062-23-3 JUDGE FRANK K. FRIEDMAN JULY 2, 2024 COMMONWEALTH OF VIRGINIA

FROM THE CIRCUIT COURT OF PATRICK COUNTY Marcus A. Brinks, Judge1

Brett P. Blobaum, Senior Appellate Attorney (Virginia Indigent Defense Commission, on briefs), for appellant.

Stephen J. Sovinsky, Assistant Attorney General (Jason S. Miyares, Attorney General, on brief), for appellee.

Joseph Sechrist was convicted of illegal possession of methamphetamine and sentenced

to two years in prison with all time suspended. Sechrist appeals his conviction, arguing the trial

court erred in denying his motion to suppress because law enforcement violated his Fourth

Amendment rights. The Commonwealth initially asserts that this Court does not have

jurisdiction to hear this appeal because the trial court deferred disposition pursuant to Code

§ 19.2-298.02, resulting in Sechrist waiving his appellate rights. On the merits, the

Commonwealth asserts the trial court did not err because the whole encounter was consensual,

and in the alternative, law enforcement did not violate Sechrist’s Fourth Amendment rights. We

find that this Court has jurisdiction to consider Sechrist’s appeal. Further, we hold the trial court

did not err in denying Sechrist’s motion to suppress. Thus, we affirm.

1 Retired Judge Collin R. Gibb ruled on the issues now challenged on appeal; however, Judge Brink entered the final sentencing order. BACKGROUND2

A. The Underlying Incident and Motion to Suppress

On October 25, 2021, Deputy Martin (“Martin”) of the Patrick County Sheriff’s Office

was dispatched to the residence of Sechrist’s mother to conduct a “wellbeing” check because

Sechrist was reportedly trying to commit suicide. Upon arriving at the residence, Martin and his

colleague, Deputy Elgin (“Elgin”), entered the residence. There is no dispute that the deputies

entered the residence with permission, and Sechrist does not challenge this issue on appeal.

After the deputies entered the residence, Sechrist voluntarily went downstairs to speak

with them in the living room. Martin testified that the living room was dark. When Sechrist

approached the deputies, Martin immediately observed a knife on Sechrist’s person. Martin

asked Sechrist to hand over the knife, and Sechrist complied. At this point, Sechrist was “calm”

and “cooperative.” Martin testified, however, that he was still concerned: “When I first saw the

knife on his side and being called there for someone wanting to harm themselves, I am

concerned [about] any weapons they have on them . . . .”

After Sechrist gave the deputies the knife, Martin “went to pat [Sechrist] down to make

sure he didn’t have any other weapons that could possibly harm himself or us.” While

conducting the pat down, Martin felt a “bulge” in Sechrist’s pocket and inquired about it.

Sechrist did not respond when Martin asked him about the object. Because Martin thought the

“bulge” could be a weapon, he “went into [Sechrist’s] pocket to identify the object” and

“[Martin] pulled out a sock.” At this point, Martin did not know what was inside the sock.

Before Martin discovered the unknown object inside the sock, Sechrist “advised that he had

found the meth pipe that was in the sock on the side of the road.”

2 “‘In reviewing the denial of a motion to suppress, we consider the facts in the light most favorable to the Commonwealth, the prevailing party at trial.’” Aponte v. Commonwealth, 68 Va. App. 146, 156 (2017) (quoting Hairston v. Commonwealth, 67 Va. App. 552, 560 (2017)). -2- After the pipe was discovered, Martin testified that Sechrist voluntarily handed Elgin a

sunglass bag that had been in Sechrist’s back pocket. This bag contained methamphetamine.

Martin stated that no search was conducted to obtain this bag. Sechrist was never handcuffed

during the encounter. The only time Martin put his hands on Sechrist was during the initial pat

down. Martin did not ask permission to conduct a pat-down search. While Sechrist did not

object to the pat down, he also never provided affirmative consent.

During Martin’s testimony, the Commonwealth played body camera footage of the

incident. This footage, however, was never admitted into evidence and is not part of the record

on appeal. Sechrist did not testify at the hearing or present any evidence. Only Martin provided

evidence at the suppression hearing.

After hearing the evidence, the trial court denied the motion to suppress. The trial court

noted that it “[did not] have any problem at all with the initial search,” and while it is “a question

of whether or not it went too far[,] I don’t think so, and I’m going to overrule the motion.”

Sechrist’s counsel challenged the court’s ruling, and the court explained that it found Sechrist

was not detained during the encounter: “I don’t think that is detention under the case law.” The

trial court also stated that it “didn’t have a problem” with Martin conducting a pat down for

weapons based on the totality of the circumstances.

B. The Deferred Disposition

Upon the trial court’s denial of the motion to suppress and at the same hearing, Sechrist

pleaded not guilty to possession of methamphetamine, stipulated to the sufficiency of the

evidence, and requested a deferred disposition as a first-time offender. The Commonwealth did

not object to Sechrist’s request for a deferred disposition. The court inquired about whether

Sechrist could preserve his appellate rights based on the relief he requested. The Commonwealth

noted, “Mr. Sechrist is trying as best he can to preserve his appellate rights should he choose to

-3- exercise them. He’s pleading not guilty . . . .” During the hearing, the court repeatedly stated

that disposition was deferred pursuant to Code § 18.2-251. Sechrist and the Commonwealth

agreed. There was no mention of Code § 19.2-298.02 at the hearing.3

Months after the hearing, the court entered a written order on a pre-printed form deferring

disposition pursuant to Code § 19.2-298.02. During the deferment period, Sechrist was found

noncompliant with the terms and conditions of his release; as a result, the trial court entered an

order of conviction on the underlying offense. Sechrist was sentenced to two years’

incarceration with all time suspended. He appeals the denial of his motion to suppress.

ANALYSIS

I. Sechrist did not waive his appellate rights by deferring disposition under Code § 18.2-251; therefore, this Court has jurisdiction to review the denial of his motion to suppress.

On appeal, the Commonwealth argues Sechrist waived his appellate rights by requesting

and entering a deferred disposition. Specifically, the Commonwealth asserts that because the

court’s written order deferred disposition pursuant to Code § 19.2-298.02, Sechrist waived his

appellate rights, despite the fact that the court and the parties only discussed Code § 18.2-251 at

the hearing. While the Commonwealth acknowledges that Code § 18.2-251 was the only statute

mentioned at the hearing, it nonetheless argues that the court deferred disposition pursuant to

both statutes. Further, the Commonwealth asserts the court satisfied the notice requirement of

Code § 19.2-298.02 by stating at the hearing that it was unsure whether Sechrist could preserve

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