State v. Bronnenberg

856 P.2d 104, 124 Idaho 67, 1993 Ida. App. LEXIS 215
CourtIdaho Court of Appeals
DecidedJuly 8, 1993
Docket19769
StatusPublished
Cited by17 cases

This text of 856 P.2d 104 (State v. Bronnenberg) is published on Counsel Stack Legal Research, covering Idaho Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Bronnenberg, 856 P.2d 104, 124 Idaho 67, 1993 Ida. App. LEXIS 215 (Idaho Ct. App. 1993).

Opinions

WALTERS, Chief Judge.

Sue A. Bronnenberg was found guilty by a jury of the misdemeanor offense of driving under the influence of alcohol. On appeal, she contends that the magistrate erroneously denied her motions for judgment of acquittal. She also argues that the magistrate erred in failing to instruct the jury concerning uncontradicted testimo[69]*69ny. For the reasons stated below, we affirm.

Bronnenberg was stopped by a police officer at 11:30 in the evening for speeding. As the officer questioned her, he detected an odor of alcohol and asked Bronnenberg if she had been drinking. She answered that she had, and the officer asked her to submit to field sobriety tests. Based upon his observations of her performance, the officer arrested Bronnenberg for driving while under the influence. Bronnenberg refused to submit to a request by the officer for a breath-alcohol test and no other chemical analysis of her alcohol content was performed.

Bronnenberg was formally charged with misdemeanor driving while under the influence of alcohol, I.C. § 18-8004. She pled not guilty and was tried before a jury. The state called the arresting officer as its only witness. He testified that Bronnenberg was speeding, that she admitted to drinking, and that she agreed to perform a series of standard field-sobriety tests: reciting the alphabet, balancing on one foot, and walking heel-to-toe. The officer explained to the jury that the purpose for administering these tests is to observe the driver’s motor skills, to determine whether the driver is able to follow instructions, to test the driver’s memory, and to determine whether the driver can coordinate his or her mental and physical skills. He reported that Bron-nenberg was unable to complete the alphabet, although she had indicated to him that she knew it. He said he then demonstrated the one-foot balancing test and asked Bron-nenberg if she had any problems with her ankles, feet or legs that would prevent her from performing it. Bronnenberg reported none. She began the test by lifting only her heel, and the officer had her start over. The second time, Bronnenberg lost her balance and took hold of the officer’s shoulder to regain it. The officer had her try again. By the count of twenty Bronnenberg had completely lost her balance, fell to her right and had to take several steps to regain her balance. The officer testified that he finally asked Bronnenberg to walk heel-to-toe for nine steps, counting out loud, and then turn and walk back for seven steps. He demonstrated the test to Bronnenberg and asked her to start. The officer testified that Bronnenberg failed to walk heel-to-toe, and took small steps instead. After stopping and turning around, she could not remember how many steps to take back. The officer concluded by telling the jury that based upon these observations he decided to arrest Bronnenberg for driving under the influence.

When the state rested Bronnenberg moved for a judgment of acquittal on the ground that the state had failed to prove its case against her. The magistrate denied the motion. Bronnenberg then took the witness stand in her own defense. She testified that on the night in question, she had been in a bar where she spent over five hours drinking four beers. She said she did not know whether she was speeding on the way home because the lights in her dashboard were out. She also provided explanations for her deficient performance of the sobriety tests — she was scared, tongue-tied, and suffered from previous injuries to her knees and ankles. She also stated that although she had consumed alcohol on the night in question, it had not affected her ability to drive.

At the close of all the evidence Bronnen-berg renewed her motion for a judgment of acquittal, which the court again denied. Bronnenberg then requested that the jury be instructed concerning uncontradicted testimony. Specifically, Bronnenberg requested that the jury be advised that it “must accept as true the positive, uncontra-dicted testimony of a credible witness unless the same is inherently improbable or rendered so by facts and circumstances disclosed at the trial.” The magistrate refused to give the instruction. After its deliberations, the jury returned a verdict finding Bronnenberg guilty of driving under the influence. Bronnenberg appealed to the district court, which affirmed the conviction.

On further appeal to this Court, Bron-nenberg raises two issues. First, she contends that the magistrate erroneously denied her motions for judgment of acquittal. She also assigns error to the magistrate’s [70]*70refusal to instruct the jury that it must accept uncontradicted testimony as true. We address these issues in turn.

Preliminarily, we note our standards for review. When reviewing an appellate decision of the district court which has reviewed a magistrate’s decision, we examine the record of the magistrate independent of, but with due regard for, the district court’s decision. Based upon our review of the magistrate’s findings and conclusions, we will either affirm or reverse the district court’s appellate decision. See In re Matter of McNeely, 119 Idaho 182, 804 P.2d 911 (Ct.App.1990). The standards for reviewing the trial court’s denial of a motion for judgment of acquittal are the same as those applied in reviewing the sufficiency of the evidence to support a verdict of guilty. State v. Holder, 100 Idaho 129, 594 P.2d 639 (1979); State v. Boag, 118 Idaho 944, 801 P.2d 1295 (Ct.App.1990). Evidence is sufficient to support a verdict where there is substantial, even if conflicting, evidence from which a rational trier of fact could find the essential elements of the crime beyond a reasonable doubt. Boag, 118 Idaho at 974, 801 P.2d at 1298. In deciding whether there was substantial evidence, we view the evidence most favorably to the prosecution. Id.

Bronnenberg asserts that the state failed to present sufficient evidence to establish that she had been under the influence of alcohol — an essential element of the offense charged. She argues that the fact that she had been speeding is not directly attributable to her consumption of alcohol, and that although the officer told the jury how she had fared during the field-sobriety tests, he never expressly attributed her performance to alcohol consumption. She further maintains that her explanations of her poor performance on the sobriety tests, and her own affirmative statement that her alcohol consumption had not affected her ability to drive, constituted uncontradicted testimony which the jury was required to accept as true. Accordingly, she argues, the evidence was insufficient to sustain a conviction and the magistrate erred in denying her motion to acquit. We are not persuaded.

Idaho Code § 18-8004(l)(a) provides that “[I]t is unlawful for any person who is under the influence of alcohol ... to drive....” “Driving under the influence” may be proved by direct and circumstantial evidence. State v. Andrus, 118 Idaho 711, 800 P.2d 107 (Ct.App.1990); State v. Tate, 122 Idaho 366, 834 P.2d 883 (Ct.App.1992).

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Bluebook (online)
856 P.2d 104, 124 Idaho 67, 1993 Ida. App. LEXIS 215, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bronnenberg-idahoctapp-1993.