State v. Owen

869 S.W.2d 310, 1994 WL 25339
CourtMissouri Court of Appeals
DecidedJanuary 31, 1994
DocketNos. 18691, 18692
StatusPublished
Cited by5 cases

This text of 869 S.W.2d 310 (State v. Owen) 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. Owen, 869 S.W.2d 310, 1994 WL 25339 (Mo. Ct. App. 1994).

Opinion

FLANIGAN, Presiding Judge.

The trial court, sitting without a jury, found defendant guilty of driving while intoxicated, a class B misdemeanor, § 577.010,1 [311]*311and possession of drug paraphernalia with intent to use drug paraphernalia to inhale marijuana, a class A misdemeanor, § 195.233, as amended L.1989. Defendant was sentenced to six months in the county jail on the driving conviction and 15 days in the county jail on the possession conviction, the sentences to run concurrently. Defendant appeals from the two convictions which were based on separate informations.2 The infor-mations were tried jointly.

Appeal No. 18691 is from the conviction for driving while intoxicated, and Appeal No. 18692 is from the conviction for possession of drug paraphernalia. In each appeal, defendant’s sole point is that the evidence is insufficient to support the conviction.

The findings of the trial court in a jury-waived criminal case have the force and effect of a verdict of a juiy. Mo. Const. art. 1, § 22(a); State v. Northern, 472 S.W.2d 409, 411[3] (Mo.1971). On a challenge to the sufficiency of the evidence in a criminal case, this court’s review is limited to a determination of whether there is sufficient evidence from which a reasonable juror, or in this ease the trial court as the fact-finder, might have found the defendant guilty beyond a reasonable doubt. State v. Grim, 854 S.W.2d 403, 405 (Mo. banc 1993); State v. Dulany, 781 S.W.2d 52, 55 (Mo. banc 1989). This court accepts as true all of the evidence favorable to the state, including all favorable inferences to be drawn from the evidence, and disregards all evidence and inferences to the contrary. Id. “Missouri no longer follows the rule which, in a circumstantial evidence case, required that the evidence must be inconsistent with any reasonable theory of defendant’s innocence in order to support a conviction. State v. Grim, 854 S.W.2d 403, 406 (Mo. banc 1993).” State v. Meanor, 863 S.W.2d 884, 886 (Mo.banc 1993).

No. 18691

Defendant’s sole point is that the evidence is insufficient to support the conviction of driving while intoxicated, and the trial court erred in ruling otherwise, in that the evidence “failed to establish beyond a reasonable doubt that defendant operated the vehicle while in an intoxicated state.” Defendant argues that there was no evidence of when he was driving, “if at all,” or when he became intoxicated, “if at all.” He argues that between the time of the “accident” and the arrival of the officers he could have consumed alcohol or marijuana or cocaine. Defendant concedes “there is circumstantial evidence that defendant was operating the vehicle.” On this appeal, defendant has not challenged the admissibility of any of the state’s evidence to be recounted.

“A person commits the crime of ‘driving while intoxicated’ if he operates a motor vehicle while in an intoxicated or drugged condition.” § 577.010.1. “Operates” means “physically driving or operating or being in actual physical control of a motor vehicle.” § 577.001.1. A person is in an “intoxicated condition” when he is under the influence of alcohol, a controlled substance or drug, or any combination thereof. § 577.001.2.

“In the case of alcohol intoxication, the courts of this state have consistently held that intoxication sufficient to sustain a conviction may be proved by a lay witness who has had a reasonable opportunity to observe the alleged offender.” State v. Meanor, 863 S.W.2d at 887[3]. “Where there is evidence that a person has recently consumed alcohol and marijuana and is then observed exhibiting signs of impaired judgment and motor skills consistent with intoxication, reasonably intelligent jurors may conclude that the cause of the impairment is the combined effects of alcohol and marijuana.” Id. at 888.

In addition to its formal portions, the information charged: “On or about the 16th day of October 1992, at or near U.S. 71 Highway, north of Goodman, Missouri, in the County of McDonald, State of Missouri, the defendant operated a motor vehicle while under the [312]*312influence of a combination of alcohol and marijuana, a controlled substance.”

The state’s witnesses were officers Michael Hood and Kevin Guy of the Goodman Police Department, tow truck operator Ronald McDonald, Highway Patrolman Bonnie Johnson, and chemist Phillip Whittle. The state’s evidence showed:

At 10:47 p.m., responding to a call, the law officers found defendant’s vehicle, a van, in the middle of a field near U.S. Highway 71 immediately outside the city limits of Goodman. The occupants of the truck with which the van had collided were standing behind the truck on the highway. There was debris, including particles of glass, on the highway and on the northbound shoulder. There was no path or roadway into the field in which defendant’s van was found. There were tire marks leading from the highway to the van. The front half of the van was almost demolished. The windshield on the driver’s side of the van was damaged.

Defendant was the sole occupant of the van and emerged from the driver’s side upon the approach of Officer Hood. Defendant was stumbling and was intoxicated. His nose was bleeding. Defendant could have hit his head on the windshield because of his bleeding nose. Defendant’s speech was very slurred. Defendant’s breath had the odor of alcohol. Defendant’s eyes were bloodshot, glassy, and he was staring. Defendant used vulgar language in the presence of Trooper Bonnie Johnson.

Field sobriety tests performed by Trooper Johnson on defendant at the scene showed the defendant was impaired. Each of the field sobriety tests showed defendant was not able to follow directions. Trooper Johnson concluded that defendant’s driving ability was impaired by reason of the effects of alcohol or drugs because of his eyes and the odor and the way he was acting. Defendant stated he had not taken tranquilizer pills or medication of any kind.

On the floorboard of the van the officers found a pack of Zigzag papers, a pair of hemostats, and a marijuana seed. The end of the hemostats had some burn marks on them and some residue. The residue on the jaws of the hemostats was marijuana. Hemostats and Zigzag papers are known to be used when marijuana is used or smoked. Defendant stated that he did use marijuana and had used marijuana. A bag found in defendant’s van contained marijuana.

Defendant was given the Miranda warnings. Defendant said he was operating the vehicle. Defendant said he had been drinking that night. Defendant said he had had a beer or two. Defendant said that he did use marijuana, that he had used marijuana, that all the law officers would not be able to stop him until the day he died. According to tests conducted before midnight, defendant’s urine contained evidence of marijuana, cocaine, and alcohol.

This court judicially knows that U.S. Highway 71 is a heavily traveled highway. Upon the arrival of the officers, defendant was emerging from the driver’s side of his van. Defendant was not seriously injured, but his nose was bleeding. He refused medical treatment.

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Cite This Page — Counsel Stack

Bluebook (online)
869 S.W.2d 310, 1994 WL 25339, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-owen-moctapp-1994.