State v. Picard9/17/2004
The defendant, Greg Picard, was charged by bill of information with driving while intoxicated (DWI), fourth offense, a violation of La. R.S. 14:98(E). He pled not guilty and moved to quash the bill of information. The trial court denied the motion. On April 22, 2003, following a trial by jury, the defendant was found guilty as charged. He was fined $5,000.00 and sentenced to imprisonment for fourteen years at hard labor. The trial court suspended all but sixty days of the imprisonment sentence and ordered that this period be served without benefit of probation, parole, or suspension of sentence. [FN1] Defendant now appeals.
FACTS
On March 30, 2001, Louisiana State Police Trooper Jimmy Thaxton stopped the defendant after observing him driving in excess of the posted speed limit (81 miles per hour in a 60 miles per-hour zone) on Interstate 10 in Baton Rouge. According to Trooper Thaxton, the defendant smelled of alcohol and appeared intoxicated. The defendant performed poorly on all field sobriety tests administered. The defendant was arrested and transported to State Police Troop A for an intoxilyzer test. After being informed of his rights relating to the chemical test for intoxication, the defendant refused to submit to the test. He was transported to East Baton Rouge Parish Prison and charged with DWI. The defendant had three prior DWI convictions.
MOTION TO QUASH
In his first assignment of error, the defendant challenges the validity of two of his predicate convictions: February 3, 2000, Docket Number **3 CF99-4653, in the district court of Tulsa County, Oklahoma, and May 23, 1997, Docket Number CF97-347, in the district court of Tulsa County, Oklahoma. Specifically, he asserts that the documents submitted by the State in support of these Oklahoma convictions were insufficient to prove that the trial court advised him of the elements and/or nature of the offenses to which he pled guilty. Thus, he contends the State failed to carry its burden of proving the constitutionality of the alleged predicate guilty pleas.
The State contends the defendant is procedurally barred from raising the issue of the validity of his prior DWI convictions on appeal because he stipulated to the existence of these convictions at his jury trial. In the alternative, the State contends the documents introduced as proof of the Oklahoma predicates were adequate to show the existence of these prior DWI guilty pleas and that the defendant was represented by counsel. Thus, the State argues that since the defendant made no affirmative showing of an infringement of his rights, there is a presumption of regularity in the predicate convictions.
In the instant case, as the State points out in its brief, prior to presenting any evidence, the following stipulation was entered into the record:
[T]he State and defense enter into a stipulation wherein the defendant, Greg Picard, is the same person who has previously been convicted of driving a motor vehicle while under the influence of alcoholic beverages three times. Once for an offense on April 23, 1993 and a conviction on May 10, 1994, in the Nineteenth Judicial District Court, Docket Number 9-93-777, in Baton Rouge, Louisiana. Two, for an offense on January 21, 1997 and conviction on May 23, 1997, in the Tulsa County, Oklahoma District Court, Docket Number CF97-347. Three, for an offense on September 21, 1999 and conviction on February 3, 2000, in the Tulsa County, Oklahoma District Court, Docket Number CF99-4653.
*2 **4 We note, contrary to the State's contentions, the language of the aforementioned stipulation does not reflect a waiver of the defendant's right to challenge the constitutionality of the predicate convictions. While the language of the stipulation indicates that the defendant is the
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