State v. Emmett

GARY W. LYNCH, Judge.

The State appeals the trial court’s order granting the motion to suppress evidence filed by Holly B. Emmett (“Defendant”). Finding that the State failed to carry its burden of proof, we affirm.

Procedural Background

The testimony of the State’s witnesses presented during an evidentiary hearing on Defendant’s motion to suppress described the following events. Lacy Willis was working as a clerk in a convenience store one evening when Defendant entered the store with a male companion. Defendant spoke with Willis while Defendant’s companion browsed the aisles. Defendant and the…