People v. Sanchez

2019 IL App (3d) 160643, 127 N.E.3d 1036, 431 Ill. Dec. 503
CourtAppellate Court of Illinois
DecidedMarch 11, 2019
DocketAppeal 3-16-0643
StatusUnpublished
Cited by1 cases

This text of 2019 IL App (3d) 160643 (People v. Sanchez) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Sanchez, 2019 IL App (3d) 160643, 127 N.E.3d 1036, 431 Ill. Dec. 503 (Ill. Ct. App. 2019).

Opinion

JUSTICE LYTTON delivered the judgment of the court, with opinion.

*505 *1038 ¶ 1 Defendant, Luis J. Sanchez, appeals his conviction for driving under the influence of alcohol (DUI). Defendant argues that his conviction must be reversed because the State failed to prove that defendant was intoxicated at the time he drove the vehicle under the corpus delicti rule. We affirm.

¶ 2 I. BACKGROUND

¶ 3 Defendant was charged with DUI ( 625 ILCS 5/11-501(a)(2) (West 2014) ) in that he was in actual physical control of a motor vehicle while under the influence of alcohol.

¶ 4 The matter proceeded to a bench trial. Officer Robert Mau testified that at 9:11 p.m. on the night of the incident, he responded to a vehicle that had crashed on the side of a bridge. Mau arrived at the scene and observed that a vehicle had driven up a raised median separating the roadway from the sidewalk. Mau was not on the scene when the collision occurred, and he did not recall at what time the collision occurred. Mau looked up the vehicle's registration number and learned that the vehicle was registered to someone named Luis Sanchez who resided approximately 3½ blocks from the site of the collision. Mau proceeded to the residence and made contact with defendant.

¶ 5 Defendant told Mau that he was driving the vehicle involved in the collision. Defendant said that he went home after the collision. Mau did not know what time defendant returned to his house after the collision, and Mau did not know what defendant did at his house after the collision. Mau testified that defendant's eyes were glassy, his speech was slurred, he staggered and stumbled when he walked, and a strong odor of an alcoholic beverage emanated from his breath. Based on Mau's observations and defendant's inability to articulate what happened, Mau believed that defendant was intoxicated and was unable to safely operate a motor vehicle.

¶ 6 Mau drove defendant to the scene of the collision. Another officer was at the scene. The officer asked defendant to take field sobriety tests. Defendant refused. Mau transported defendant to the police station. Mau asked defendant to undergo chemical testing, and defendant refused. Also, defendant did not consent to giving a breath sample.

¶ 7 Mau testified that the other officer's squad car had a camera that captured an accurate recording of defendant's conversation with the other officer. Mau was present during the conversation. A copy of the video recording was admitted into evidence. In the video recording, defendant's speech was slurred and difficult to understand. Defendant did not follow the officer's directions. Initially, defendant said that he drove onto the median when he was attempting to stop his vehicle because the bridge was being raised. However, defendant later said that he drove onto the median because he was talking on his cell phone. Defendant said he had consumed a bottle of wine and four to seven beers that day. Defendant was driving home from the restaurant, Puerto, at the time of the collision. Defendant said he had been drinking at Puerto. The video recording showed defendant handing his keys to a tow truck driver who was at the scene.

¶ 8 The State introduced a certified copy of the registration for the vehicle involved *506 *1039 in the collision, which showed that defendant was the owner of the vehicle.

¶ 9 The court found defendant guilty of DUI. The court sentenced defendant to 12 months' conditional discharge, the payment of $ 1500 in fines and costs, and 240 hours of community service work.

¶ 10 II. ANALYSIS

¶ 11 Defendant argues that his conviction for DUI should be reversed because the State failed to prove that he was under the influence of alcohol at the time of the motor vehicle collision under the corpus delicti rule. While defendant admits that there was sufficient corroborating evidence that he drove the vehicle involved in the collision, he contends that the only evidence that he consumed alcohol before driving the vehicle were his own uncorroborated statements on the squad car video recording. We find that the State presented sufficient independent evidence to corroborate defendant's out-of-court statements such that the admission of these statements did not violate the corpus delicti rule.

¶ 12 To prove defendant guilty of the offense of DUI, the State was required to present evidence showing that defendant drove or was in actual physical control of a vehicle while he was under the influence of alcohol. 625 ILCS 5/11-501(a)(2) (West 2014).

¶ 13 "The corpus delicti of an offense is simply the commission of a crime." People v. Lara , 2012 IL 112370 , ¶ 17, 368 Ill.Dec. 155 , 983 N.E.2d 959 . In order to obtain a valid conviction, the State must prove both the corpus delicti and the identity of the person who committed the offense. Id. "In general, the corpus delicti cannot be proven by a defendant's admission, confession, or out-of-court statement alone." Id. Rather, where a defendant's confession is part of the proof of the corpus delicti , the State must also provide independent corroborating evidence. Id.

¶ 14 Under the corpus delicti rule, "the independent evidence need only tend to show the commission of a crime. It need not be so strong that it alone proves the commission of the charged offense beyond a reasonable doubt." (Emphasis in original). Id. ¶ 18.

"[T]he corpus delicti rule requires only that the corroborating evidence correspond with the circumstances recited in the confession and tend to connect the defendant with the crime. The independent evidence need not precisely align with the details of the confession on each element of the charged offense, or indeed to any particular element of the charged offense." Id. ¶ 51.

¶ 15 Our supreme court has explained that "[t]he primary purpose of the corpus delicti rule is to ensure the confession is not rendered unreliable due to either improper coercion of the defendant or the presence of some psychological factor." Id.

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Related

People v. Sanchez
2019 IL App (3d) 160643 (Appellate Court of Illinois, 2019)

Cite This Page — Counsel Stack

Bluebook (online)
2019 IL App (3d) 160643, 127 N.E.3d 1036, 431 Ill. Dec. 503, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sanchez-illappct-2019.