State v. Jiles

104 So. 3d 27, 2012 WL 3192776
CourtLouisiana Court of Appeal
DecidedAugust 8, 2012
DocketNo. 47,366-KA
StatusPublished
Cited by2 cases

This text of 104 So. 3d 27 (State v. Jiles) 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. Jiles, 104 So. 3d 27, 2012 WL 3192776 (La. Ct. App. 2012).

Opinion

GASKINS, J.

hThe defendant, Will Jiles, was convicted of DWI-3rd offense in violation of La. R.S. 14:98. He was subsequently sentenced to serve five years’ imprisonment at hard labor, without the benefit of probation, parole or suspension of sentence for the first year, and a $2,000 fine. The defendant now appeals. We affirm.

FACTS

At about 6:00 p.m., on December 27, 2010, the police in Delhi, Louisiana, received a report from a homeowner that the defendant was causing a disturbance in his yard. Officer Roy Williams responded to the call. As he arrived at the scene, he saw the defendant driving a Cadillac Esca-lade in an erratic manner. Officer Williams had known the defendant for 20 years and recognized him and his vehicle. The defendant almost struck the officer’s car and caused it to swerve into a ditch to avoid a collision. Officer Williams turned his car around and pursued the defendant. He observed the defendant driving at a high rate of speed, swerving from side to side on the road and running a stop sign. The defendant finally stopped his vehicle when he pulled into his mother’s yard and plowed into some hedges.

The defendant refused to exit his locked vehicle when ordered to do by Officer Williams. Officer Padro Sanchez arrived to assist Officer Williams. The defendant unlocked the door and the officers were able to remove him from the vehicle. The officers detected a strong odor of alcohol emanating from the defendant’s person, including his pores and breath. The defendant had an open can of beer between his legs; beer was also on his ^clothing. [30]*30His eyes were red and puffy; he was apparently having difficulty focusing. He was unable to stand on his own without swaying. Except for obscenities directed at the officers, his speech was extremely slurred. He refused to submit to field sobriety tests or an Intoxilyzer test.

The defendant was charged with DWI-3rd offense. A jury trial was held in September 2011. At the beginning of trial, the defendant stipulated that he was convicted of two prior DWIs in 2010. The defendant was convicted as charged.

In October 2011, the trial court imposed the maximum sentence on the defendant— five years at hard labor, the first year to be served without probation, parole or suspension of sentence, and a $2,000 fine. A timely motion to reconsider was denied.

The defendant appealed, asserting two assignments of error.

SUFFICIENCY OF EVIDENCE

Law

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. Tate, 2001-1658 (La.5/20/03), 851 So.2d 921, cert. denied, 541 U.S. 905, 124 S.Ct. 1604, 158 L.Ed.2d 248 (2004); State v. Garter, 42,894 (La.App.2d Cir.1/9/08), 974 So.2d 181, writ denied, 2008-0499 (La.11/14/08), 996 So.2d 1086. This standard, now legislatively embodied in La. C. Cr. P. art. 821, does not provide the appellate court with a vehicle to substitute its own appreciation of the evidence for that of the fact finder. State v. Pigford, 2005-0477 (La.2/22/06), 922 So.2d 517; State v. Dotie, 43,819 (La. App.2d Cir.1/14/09), 1 So.3d 833, writ denied, 2009-0310 (La.11/6/09), 21 So.3d 297.

The Jackson standard is applicable in cases involving both direct and circumstantial evidence. An appellate court reviewing the sufficiency of evidence in such cases must resolve any conflict in the direct evidence by viewing that evidence in the light most favorable to the prosecution. When the direct evidence is thus viewed, the facts established by the direct evidence and inferred from the circumstances established by that evidence must be sufficient for a rational trier of fact to conclude beyond a reasonable doubt that the defendant was guilty of every essential element of the crime. State v. Speed, 43,786 (La. App.2d Cir.1/14/09), 2 So.3d 582, writ denied, 2009-0372 (La.11/6/09), 21 So.3d 299.

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. 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. Eason, 43,788 (La.App.2d Cir.2/25/09), 3 So.3d 685, writ denied, 2009-0725 (La.12/11/09), 23 So.3d 913; State v. Hill, 42,025 (La.App.2d Cir.5/9/07), 956 So.2d 758, writ denied, 2007-1209 (La.12/14/07), 970 So.2d 529.

In the' absence of internal contradiction or irreconcilable conflict with physical evidence, one witness’s testimony, if believed by the trier of fact, is Lsufficient support for a requisite factual conclusion. State v. Gullette, 43,032 (La.App.2d Cir.2/13/08), 975 So.2d 753; State v. Burd, 40,480 (La.App.2d Cir.1/27/06), 921 So.2d 219, writ denied, 2006-1083 (La.11/9/06), 941 So.2d 35.

To convict the defendant of DWI, the prosecution need only prove that he was operating a vehicle and that he was [31]*31under the influence of alcohol or drugs. La. R.S. 14:98; State v. Taylor, 38,574 (La.App.2d Cir.8/18/04), 880 So.2d 197. To convict a defendant of driving while intoxicated, third offense, the state must also prove that the defendant has had two prior valid convictions, as defined in La. R.S. 14:98(F)(1), and that these convictions are not stale under La. R.S. 14:98(F)(2). State v. Pickard, 40,422 (La.App.2d Cir.12/14/05), 918 So.2d 485.

Some behavioral manifestations, independent of any scientific test, are sufficient to support a charge of driving while intoxicated. State v. McDonald, 33,013 (La.App.2d Cir.3/1/00), 754 So.2d 382. It is not necessary that a conviction of DWI be based upon a blood or breath alcohol test, and the observations of an arresting officer may be sufficient to establish a defendant’s guilt. Intoxication is an observable condition about which a witness may testify. State v. Allen, 440 So.2d 1330 (La.1983); State v. Blackburn, 37,918 (La. App.2d Cir.1/28/04), 865 So.2d 912.

Discussion

The defendant argues that the state did not prove that he was intoxicated while he was operating his vehicle. He asserts that while he was driving at a high rate of speed, he never left the roadway. Also, he | r,maintains that he was not engaged in “arbitrary flight” from the police; he drove to his mother’s house, where he ran his vehicle into the hedges. He contends that he stumbled after he was removed from his vehicle because he was walking on uneven ground and he did not have his cane. Finally, the defendant argues that while certain factors were “potentially incriminating” — his flight from the police, his erratic driving, the smell of alcohol on his person and in his vehicle, the open beer can between his legs, his falling and swaying after being removed from the vehicle, his use of profanity and threats to the officers, his red and puffy eyes, his inability to focus — they do not necessarily point solely to intoxication.

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Related

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Cite This Page — Counsel Stack

Bluebook (online)
104 So. 3d 27, 2012 WL 3192776, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-jiles-lactapp-2012.