State v. Hellweg

207 S.W.3d 237, 2006 Mo. App. LEXIS 1842, 2006 WL 3491235
CourtMissouri Court of Appeals
DecidedDecember 5, 2006
DocketNo. 27555
StatusPublished

This text of 207 S.W.3d 237 (State v. Hellweg) is published on Counsel Stack Legal Research, covering Missouri 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. Hellweg, 207 S.W.3d 237, 2006 Mo. App. LEXIS 1842, 2006 WL 3491235 (Mo. Ct. App. 2006).

Opinion

JOHN E. PARRISH, Judge.

Andrew Hellweg (defendant) was convicted as a persistent offender, following a jury trial, of the class D felony of driving while intoxicated. He appeals contending there was not sufficient evidence for the jury to have found him guilty beyond a reasonable doubt. This court affirms.

In reviewing the sufficiency of the evidence to support a criminal conviction, we view the evidence, together with all reasonable inferences drawn therefrom, in the light most favorable to the State and disregard all evidence and inferences to the contrary. State v. Grim, 854 S.W.2d 403, 405 (Mo.banc 1993). “[Rjeview is limited to a determination of whether there is sufficient evidence from which a reasonable juror might have found the defendant guilty beyond a reasonable doubt.” State v. Dulany, 781 S.W.2d 52, 55 (Mo.banc 1989).

State v. Silvey, 894 S.W.2d 662, 673 (Mo. banc 1995). “[T]he relevant question 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 beyond a reasonable doubt.” Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979) (emphasis in original).

On the afternoon of June 22, 2003, Troy and Shirleen Groesbeck were passengers [238]*238in a friend’s car that was traveling on H Highway in Lawrence County near the University of Missouri Extension Center. They came upon a cloud of dust that crossed the highway in an area where gravel had been thrown on the surface of the paved roadway. As they passed through the dust, they observed a pickup in a ditch alongside the road. The pickup had not been there earlier that day when they had passed the same location.

Mr. and Mrs. Groesbeck saw the driver in the pickup who they later identified as defendant. As they watched the pickup, it accelerated and drove up the embankment that ran alongside the ditch. The pickup drove erratically. It headed east, alongside the ditch. It crossed the ditch and stalled on the shoulder of the highway. Defendant was the only one in the pickup. Defendant got out of the pickup and began walking west along the shoulder. Mrs. Groesbeck described defendant’s walk as “a very unsteady, uncontrolled gait.”

Mrs. Groesbeck is a retired registered nurse. She worked as a nurse for 45 years and has experience and training in recognizing persons who are intoxicated. Based on her observations of defendant, she formed the opinion that defendant had been drinking. She explained that there was no sign of blood or other indication of defendant having been injured; that “his staggering gait made [her] feel that, perhaps, he had either been drinking or something — had taken something that altered his control.”

Mr. and Mrs. Groesbeck arrived at their residence about ten minutes later. Mr. Groesbeck immediately called the local police and reported what they had seen. A short time later they were called by the highway patrol and asked where they had observed the pickup.

Missouri Highway Patrol Trooper Jonathan May received a call from dispatch at about 4:30 or 4:45 p.m. He was notified that a one-car accident had been reported on Route H near the University of Missouri Extension Center; that there was a possibility the driver had been intoxicated. Trooper May left the facility where he received the call and went to the scene of the accident approximately three-and-a-half miles away. He arrived there about “four to five minutes” after receiving the call from the dispatcher.

Trooper May saw a pickup parked alongside the road and saw defendant attempting to change a tire on it. No one else was there. He asked defendant what had happened. Defendant said he had a flat tire the night before and had left the pickup there; that a friend had brought him back to change the tire. Defendant refused to identify the friend. Trooper May asked if defendant knew where he was. Defendant said he was four or five miles from Highway 60, although he was actually 15 or 20 miles from Highway 60.

Trooper May asked to see defendant’s driver’s license which defendant produced. He asked defendant to stand up. When defendant stood he swayed and almost fell over backward into the ditch although the ground where he stood was flat. Trooper May smelled a strong odor of intoxicants about defendant’s person. He described defendant’s speech as slurred and mumbling.

Defendant was asked if he needed a tow truck. Defendant became upset and, using obscene language, announced that he was not driving the truck and that it was not against the law to have a flat tire. Defendant was told to have a seat in Trooper May’s patrol car. He swayed back and forth as he walked to the patrol car. Defendant fell forward, almost falling into the car. While sitting in the car, [239]*239Trooper May observed that defendant’s eyes were bloodshot, glassy, and staring.

Defendant refused to take a sobriety test and claimed he had not been driving the pickup. He continued using obscene language. Trooper May took defendant to the sheriffs department. He was again asked to take a sobriety test and, continuing to use obscene language, refused.

Troy and Shirleen Groesbeck and Trooper May testified at defendant’s trial. Defendant offered no evidence. Defendant filed motions for acquittal at the close of the state’s evidence and at the close of all evidence. His motions were denied. The jury found defendant guilty of driving while intoxicated. He was found to be, and sentenced as, a persistent offender for the class D felony of driving while intoxicated.

Defendant asserts one point on appeal. He claims the trial court erred in denying his motions for acquittal and sentencing him for the class D felony of driving while intoxicated “in that there was no evidence from which a rational trier of fact could have reached a ‘subjective state of near certitude’ that [defendant] was operating a motor vehicle while intoxicated.”

“The State, in order to convict, is required to prove beyond a reasonable doubt, each and every element of the crime charged.” State v. Smith, 108 S.W.3d 714, 718 (Mo.App.2003). The elements of driving while intoxicated are that a person (1) operated a motor vehicle (2) while in an intoxicated or drugged condition. See § 577.010.1, RSMo 2000.

The jury in this case was instructed, in accordance with MAI-CR 3d 331.02, that if it believed from the evidence beyond a reasonable doubt “[f]irst, that on or about the 22nd day of June, 2003, south of Mt. Vernon on Highway H near Farm Road 1100 in the County of Lawrence, State of Missouri, the defendant operated a motor vehicle, and [s]econd, that he did so while in an intoxicated condition,” they were to find defendant guilty of the offense of driving while intoxicated. The jury returned a guilty verdict.

Troy and Shirleen Groesbeck saw defendant driving his pickup. They saw him get out of the vehicle and, according to Mrs. Groesbeck, he walked in a manner that, in her experience, was consistent with a person being intoxicated. Within 15 to 30 minutes after Mr. and Mrs.

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Related

Jackson v. Virginia
443 U.S. 307 (Supreme Court, 1979)
State v. Wiles
26 S.W.3d 436 (Missouri Court of Appeals, 2000)
State v. Smith
108 S.W.3d 714 (Missouri Court of Appeals, 2003)
State v. Thurston
84 S.W.3d 536 (Missouri Court of Appeals, 2002)
State v. Grim
854 S.W.2d 403 (Supreme Court of Missouri, 1993)
State v. Silvey
894 S.W.2d 662 (Supreme Court of Missouri, 1995)
State v. Dodson
496 S.W.2d 272 (Missouri Court of Appeals, 1973)
State v. Dulany
781 S.W.2d 52 (Supreme Court of Missouri, 1989)

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Bluebook (online)
207 S.W.3d 237, 2006 Mo. App. LEXIS 1842, 2006 WL 3491235, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hellweg-moctapp-2006.