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State v. Lay11/29/1999
On June 9, 1997, the Williamson County Grand Jury indicted Appellant Andrew Lay for driving under the influence of an intoxicant ("DUI"), third offense. After a jury trial on September 15, 1998, Appellant was convicted of DUI, third offense. That same day, Appellant received a sentence of eleven months and twenty-nine days, with all but 150 days suspended. Appellant challenges both his conviction and his sentence, raising the following issues:
1) whether the trial court erred when it refused to suppress Appellant's pretrial statements to police;
2) whether the trial court erred when it allowed a witness to read portions of an arrest report to the jury;
3) whether the State properly established the chain of custody for the results of Appellant's blood test;
4) whether the evidence was sufficient to support Appellant's conviction;
5) whether the prosecutor's opening statement was improper;
6) whether the prosecutor's closing argument was improper;
7) whether the trial court imposed an excessive sentence; and
8) whether the trial court failed to exercise its role as thirteenth juror.
After a review of the record, we affirm the judgment of the trial court.
I. FACTS
Officer Danny Stubbs testified that he was working as a police officer for Franklin, Tennessee, on September 29, 1996. Stubbs testified that at approximately 2:00 a.m., he observed Appellant driving on Franklin Road at a speed that was fourteen miles per hour over the speed limit. Shortly thereafter, Stubbs stopped Appellant's vehicle and immediately noticed the odor of alcohol. Stubbs also observed that Appellant had slurred speech and "watery eyes." When Stubbs asked Appellant how much he had to drink, Appellant replied that he had consumed two beers. Officer Stubbs testified that he administered three field sobriety tests to Appellant: the finger to nose, the one leg stand, and the walk and turn. On the finger to nose test, Appellant was only able to touch his nose with his finger once out of three attempts.
Officer Stubbs testified that Appellant's performance of the walk and turn test was unsatisfactory. However, Stubbs testified that in order to go into any greater detail, he would need to look at his arrest report. Stubbs then read a portion of the arrest report that described Appellant's performance on the walk and turn test. After reading the description, Stubbs testified that in his opinion, Appellant had failed the test. Stubbs then read a portion of his report that described Appellant's performance on the one leg stand test.
Officer Stubbs testified that after Appellant failed all three field sobriety tests, he concluded that Appellant was too intoxicated to drive. Stubbs then confronted Appellant with his suspicion, and Appellant admitted that he had consumed ten beers since 9:00 p.m. and had not eaten anything all day. Appellant also admitted to Stubbs that he had too much to drink to be operating a motor vehicle.
Officer Stubbs testified that after Appellant agreed to have a blood sample taken, he was transported to the hospital. Stubbs observed the taking of the blood sample and then put the blood sample and a toxicology request form into a box. Stubbs then sealed the box and subsequently logged it into evidence. Stubbs testified that he wrote Appellant's name on the tube that contained the blood sample and on the accompanying toxicology request form before he put the items in the box.
Officer Stubbs testified that he filled out his report about an hour after the field sobriety tests were administered. Stubbs testified that h
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