State v. Medina

Defendant appeals his conviction for driving while his operator’s license was suspended. His sole cognizable assignment of error is the denial of a motion for a mistrial.

The arresting officer testified that after the car was stopped he observed the defendant move from the driver’s seat to the passenger’s seat, exchanging places with a passenger. The defense was that the defendant was not driving. The factual determination therefore turned solely on credibility of the arresting officer versus defendant and his witnesses.

The defendant and his witnesses were of Mexican origin and an interpreter…