State v. Crenshaw

899 So. 2d 751, 2005 WL 767078
CourtLouisiana Court of Appeal
DecidedApril 6, 2005
Docket39,586-KA
StatusPublished
Cited by7 cases

This text of 899 So. 2d 751 (State v. Crenshaw) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Crenshaw, 899 So. 2d 751, 2005 WL 767078 (La. Ct. App. 2005).

Opinion

899 So.2d 751 (2005)

STATE of Louisiana, Appellee
v.
Dennis Laine CRENSHAW, Appellant.

No. 39,586-KA.

Court of Appeal of Louisiana, Second Circuit.

April 6, 2005.
Rehearing Denied May 5, 2005.

*753 Louisiana Appellate Project by Peggy J. Sullivan, Monroe, Paula Corley Marx, Lafayette, for Appellant.

Paul J. Carmouche, District Attorney, Dale G. Cox, William J. Edwards, Assistant District Attorneys, for Appellee.

Before WILLIAMS, PEATROSS & DREW, JJ.

PEATROSS, J.

A unanimous jury found Dennis Laine Crenshaw ("Defendant") guilty of two counts of vehicular homicide and one count of first degree vehicular negligent injuring, arising out of a traffic accident on March 7, 2002. The trial court imposed fines of $2,000 and sentences of 20 years at hard labor for each of the homicide counts, *754 one year of which must be served without benefits. The court imposed a fine of $2,000 and directed that Defendant serve five years at hard labor for the negligent injuring count.[1] The court ordered all the sentences to be served consecutively. Defendant filed a Motion for Reconsideration of Sentence, urging that the State failed to prove that he was the driver of the vehicle involved, which was denied. Defendant appeals this ruling and further asserts that his sentences are excessive and that he should have been ordered to serve the sentences concurrently.[2] For the reasons set forth herein, Defendant's convictions and sentences are affirmed.

FACTS

The State charged that, on March 7, 2002, Defendant caused the death of Vicki Taylor ("Ms. Taylor") and her son, Lee Anthony Taylor, and that he inflicted serious bodily injury upon Vicki Taylor's daughter, Ashley, while operating a motor vehicle with a blood alcohol concentration over 0.08 percent.

These charges arose from a traffic accident occurring at the intersection of Marshall and Creswell Streets in Shreveport, Louisiana. The victims were in a red vehicle which was stopped at a traffic signal when a white Toyota Supra, allegedly driven by Defendant, struck the rear of their car. Defendant's blood alcohol content was determined to be 0.23 at the time of the accident. An accident reconstruction expert testified that the white car was traveling in excess of 80 m.p.h. at the time of the accident and several witnesses gave testimony indicating that Defendant was intoxicated. Defendant had two prior convictions for DWI and another for careless operation of a vehicle. Defendant now appeals his convictions and sentences.

STANDARD OF REVIEW

The standard of appellate review for a sufficiency of the evidence claim is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime proven beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); State v. Cummings, 95-1377 (La.2/28/96), 668 So.2d 1132; State v. Hunter, 33,066 (La.App.2d Cir.9/27/00), 768 So.2d 687, writs denied, 00-3070 (La.10/26/01), 799 So.2d 1150, 01-2087 (La.4/19/02), 813 So.2d 424.

A reviewing court accords great deference to a jury's decision to accept or reject the testimony of a witness in whole or in part. State v. Gilliam, 36,118 (La. App.2d Cir.8/30/02), 827 So.2d 508, writ denied, State ex rel. Gilliam v. State, 02-3090 (La.11/14/03), 858 So.2d 422. The appellate court does not assess the credibility of witnesses or reweigh evidence. State v. Smith, 94-3116 (La.10/16/95), 661 So.2d 442.

DISCUSSION

Assignment of Error One: Did the Evidence Adduced at Trial Support Convictions of Vehicular Homicide and First Degree Vehicular Negligent Injuring? (Sufficiency of the Evidence)

Defendant initially argues that the evidence adduced at trial was insufficient *755 to prove, beyond a reasonable doubt, that he was the driver of the vehicle involved in the accident that led to this litigation. In that regard, he argues that a passenger, Paul Dauman ("Dauman"), was the driver. Defendant further argues that Dauman's testimony against him was not credible and, therefore, cannot support his convictions.

To the contrary, the State argues that the evidence presented was adequate to prove, beyond a reasonable doubt, that Defendant was the driver. We agree.

Vehicular homicide is defined under La. R.S. 14:32.1, stating, in part:

A. Vehicular homicide is the killing of a human being caused proximately or caused directly by an offender engaged in the operation of, or in actual physical control of, any motor vehicle, aircraft, watercraft, or other means of conveyance, whether or not the offender had the intent to cause death or great bodily harm, whenever any of the following conditions exists:
(1) The operator is under the influence of alcoholic beverages as determined by chemical tests administered under the provisions of R.S. 32:662.
(2) The operator's blood alcohol concentration is 0.08 percent or more by weight based upon grams of alcohol per one hundred cubic centimeters of blood.
. . . .
La. R.S. 14:39.2 defines first degree vehicular negligent injuring as:
. . . the inflicting of serious bodily injury upon the person of a human being when caused proximately or caused directly by an offender engaged in the operation of, or in actual physical control of, any motor vehicle . . .
(1) The offender is under the influence of alcoholic beverages.
(2) The offender's blood alcohol concentration is 0.08 percent or more by weight based upon grams of alcohol per one hundred cubic centimeters of blood.
. . . .
C. For the purposes of this Section, `serious bodily injury' means bodily injury which involves unconsciousness, extreme pain or protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member or organ or a mental faculty, or substantial risk of death.

Defendant also cites Jackson, supra, stating that a review of the evidence does not support his conviction beyond a reasonable doubt. To this end, he points to the testimony — or perhaps more poignantly, the "holes" in the testimony — given by all three occupants of the offending car on the night in question. He argues that the principal evidence given in this case, i.e. the testimony of Dauman, was riddled with inconsistencies and is not credible.

The State asserts that Defendant's argument ignores a videotape and the testimony of several other witnesses who indicated that Defendant was drunk on the night in question and that he was the driver at the time of the accident. The State began the trial with the testimony of Alice Smith, who, on the night of the collision, was driving the Taylors home from Bible study. Ms. Smith testified that she made a stop at Marshall and Creswell streets in Shreveport and then heard a roaring sound, looked in the rearview mirror and saw lights coming "really, really fast." She further testified that something hit her vehicle and spun it around three times and stopped. Paramedics then arrived on the scene and removed the occupants from the vehicle.

*756

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Cite This Page — Counsel Stack

Bluebook (online)
899 So. 2d 751, 2005 WL 767078, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-crenshaw-lactapp-2005.