Gamet v. State

| ¶ Preston Lee Garnet was tried by a Saline County Circuit Court jury and found guilty of the offenses of DWI—first offense, an unclassified misdemeanor, and criminal mischief in the second degree, a Class D felony. He raises three points on appeal: 1) there was insufficient evidence for his two convictions; 2) the trial court erred in finding that he was not “in custody” for the purposes of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), and in admitting his initial statements to law enforcement following the accident; and 3) the trial court committed reversible…