State v. Reynolds

436 So. 2d 1275, 1983 La. App. LEXIS 8809
CourtLouisiana Court of Appeal
DecidedJune 28, 1983
DocketNo. 82-KW-1116
StatusPublished
Cited by2 cases

This text of 436 So. 2d 1275 (State v. Reynolds) 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. Reynolds, 436 So. 2d 1275, 1983 La. App. LEXIS 8809 (La. Ct. App. 1983).

Opinions

EDWARDS, Judge.

Defendant, Verlin Reynolds, was charged with negligent injuring under LSA-R.S. 14:39, following his involvement in a traffic accident. After a bench trial, defendant was found guilty as charged. Defendant’s motion for a new trial, which alleged that the verdict was contrary to law and evidence, was denied by the trial court. Defendant was sentenced to serve six months in the parish prison and to pay all costs of the prosecution. The prison portion of the sentence was suspended and defendant was placed on supervised probation for two years with the special conditions that he make restitution for all damages suffered in the incident and that he submit himself for evaluation and treatment at a substance abuse center.

Defendant applied to this court for writs, alleging six assignments of error. A writ of certiorari was issued to review the conviction and sentence. After review of the record, we affirm defendant’s conviction, but vacate his sentence and remand for resentencing.

FACTS

On the night of January 22, 1982, at approximately 10:30 p.m., Reynolds was driving his Ford Bronco west on Old Hammond Highway in East Baton Rouge Parish. Old Hammond Highway is an undivided, two-lane highway. At the intersection of Old Hammond Highway and O’Neal Lane, Reynolds attempted a left-hand turn. Reynolds made his turn directly into the path of an eastbound vehicle driven by Gary Nugent. The right front portion of [1277]*1277Reynolds’ truck collided with the left front of Nugent’s automobile. Reynolds’ vehicle was spun counterclockwise and landed in a ditch on the north side of Old Hammond Highway. Nugent’s vehicle continued east approximately 45 feet and landed in a ditch on the south side of Old Hammond Highway. Reynolds, Nugent and the two passengers in Nugent’s automobile were injured.

Louisiana State Police Trooper Larry Carpenter investigated the accident. He observed skid marks in the eastbound lane of Old Hammond Highway which he attributed to the Nugent vehicle. Carpenter also observed dirt and debris at a spot in Nu-gent’s lane which he denoted as the point of collision. When Carpenter spoke with Reynolds at the accident scene, he noticed a smell of alcohol. Following treatment at the hospital, Reynolds accompanied Carpenter to the State Police station to take an intoximeter test. That test, taken approximately four hours after the accident, revealed that defendant had a blood alcohol content of 0.056 percent.

ASSIGNMENTS OF ERROR NOS. 1 AND 3

By these assignments of error, defendant argues that the verdict is contrary to the law and evidence and that the court erred in its interpretation of the evidence.

In State v. Hoffer, 420 So.2d 1090, 1092 (La.1982), the Louisiana Supreme Court set forth the standard of review applicable in this type of situation:

“Our standard of review in cases where a conviction is challenged based on insufficiency of the evidence is mandated by Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979). There the United States Supreme Court determined that, to properly balance the roles of the trier of fact and the reviewing court, the 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 .... ’ 443 U.S. at 319, 99 S.Ct. at 2789.” (Footnote omitted.)

Negligent injuring is defined by LSA-R.S. 14:39 as “the inflicting of any injury upon the person of another by criminal negligence.” LSA-R.S. 14:12 defines “criminal negligence” as follows:

“Criminal negligence exists when, although neither specific nor general criminal intent is present, there is such disregard of the interest of others that the offender’s conduct amounts to a gross deviation below the standard of care expected to be maintained by a reasonably careful man under like circumstances.”

In State v. Jones, 298 So.2d 774, 776 (La. 1974), the Louisiana Supreme Court held:

“Under these standards it is clear that proof of ordinary negligence does not constitute proof of criminal negligence. The State is required to show more than a mere deviation from the standard of ordinary care.”

Nolan Scallan was the only occupant of the Nugent vehicle who could recall the events of the accident. According to Scal-lan, Nugent was proceeding at a lawful rate of speed within his lane of travel at the time of the accident. Scallan testified that he saw Reynolds’ vehicle at a distance and that it gradually began to veer over into Nugent’s lane. He stated that Nugent locked up his brakes and swerved to the right, but was unable to avoid the collision.

Based upon his observations, Trooper Carpenter testified that the point of collision occurred in Nugent’s lane of travel. Trooper Carpenter testified that after the accident, Reynolds smelled of alcohol, but that he was agreeable and coherent. As noted above, the results of the intoximeter test indicated that Reynolds had 0.056 percent alcohol in his blood.1 Reynolds testified that he was on his way home from work and that he had “two or three” beers before he began driving that night. He remembered giving a left-turn signal in order to turn at O’Neal Lane. The next thing [1278]*1278he knew, he woke up in the ditch.' Reynolds did not remember seeing the oncoming Nugent vehicle.

The negligent injuring statute has been interpreted to permit the trier of fact to draw a permissible inference of criminal negligence from a violation of a statute or ordinance if the circumstances of the violation so justified. State v. Lollar, 389 So.2d 1315 (La.1980). In the instant case, it is apparent that defendant violated the law with regard to proper execution of a left-hand turn.2 Our review of the evidence presented convinces us that any rational trier of fact could have reasonably found that the defendant was guilty of more than a mere deviation from the ordinary standard of care in the operation of his vehicle and that this gross deviation resulted in the serious injuries sustained by the occupants of the Nugent vehicle.

These assignments of error lack merit.

ASSIGNMENT OF ERROR NO. 2

By this assignment of error, defendant argues that the trial court erred in allowing the introduction of evidence relative to defendant’s state of intoxication, specifically the results of the intoximeter test. Defendant contends that the requirements set forth for the introduction of such test results in State v. Gregory, 403 So.2d 1225 (La.1981), were not met.

Defense counsel correctly notes that an objection was made to the admission into evidence of the results of the intoximeter test. What he fails to point out, however, is that defense counsel (Mr. Riley) withdrew this objection in the following exchange:

“MR. RILEY: Your Honor, at this point I am going to object to — uh—the test results — uh—I don’t think they have shown yet that he complied with all the requirements before giving the test— uh — such as time limits for the determination of a valid test.
“MR. DIAL: Your Honor, I am not offering the test at this point to establish a presumption which would be the case if this were a trial for DWI.

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Related

State v. Pearson
529 So. 2d 406 (Louisiana Court of Appeal, 1988)
State v. Cockerham
525 So. 2d 314 (Louisiana Court of Appeal, 1988)

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Bluebook (online)
436 So. 2d 1275, 1983 La. App. LEXIS 8809, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-reynolds-lactapp-1983.