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State v. Hancock10/12/1999
On March 23, 1998, the appellant, David E. Hancock, was convicted by a jury in the Hamblen County Criminal Court of driving under the influence (DUI), second offense. The trial court imposed a sentence of eleven months and twenty-nine days, with a minimum of twenty percent to be served prior to release. The trial court also suspended the appellant's driver's license for two years.
In this appeal as of right, the appellant presents the following issues for our review:
(I) Whether the evidence is sufficient to sustain the appellant's conviction of DUI; and
(II) Whether certain statements made by the prosecuting attorney during closing argument constituted prosecutorial misconduct.
Following a review of the record and the parties' briefs, we affirm the judgment of the trial court.
I. Factual Background
On June 8, 1997, the appellant was driving a Peterbilt truck on Old Kentucky Road in Hamblen County. As the appellant attempted to navigate a sharp turn, he lost control of the truck and went off the road. When the appellant tried to steer back onto the road, he overcorrected and traveled across the road into Edward Fox's yard. Carroll Talley, who was traveling behind the truck, witnessed the accident.
Talley testified on behalf of the State that on June 8, 1997, at approximately 4:30 p.m., he was driving west on Old Kentucky Road, when a truck driven by the appellant pulled out of a side street into his lane of traffic. Talley was forced to decrease his speed to avoid a collision with the appellant. Talley testified that he had followed the appellant for approximately one-half to three-quarters of a mile when the appellant reached a sharp curve in the road and veered off the right side of the road. As the appellant overcorrected, his truck traveled back across the road, and crashed into Edward Fox's yard. In the process, the appellant damaged shrubbery, a road sign, and a mailbox. Talley stated that the appellant's truck was not forced off the road by another vehicle.
After witnessing the accident, Talley stopped his car and went to the residence on the property where he located the property owner, Edward E. Fox. Talley testified that when he and Fox returned to the accident scene, the appellant was repeatedly driving the truck forward and backward in an attempt to free it from the shrubbery. Fox approached the truck and attempted to talk to the appellant; however, the appellant did not acknowledge his presence. Instead, the appellant continued his attempts to extricate his truck from the shrubbery for approximately 20 to 30 minutes, until the police arrived. Talley testified that the appellant fell as he exited the truck. However, Talley was not aware of any injuries to the appellant and stated that the appellant was cooperative with the police.
Edward E. Fox, a resident on Old Kentucky Road, testified that during the afternoon of June 8, 1997, an accident occurred in his yard. Fox testified that shortly thereafter, Talley came to his door and notified him of the accident. When he and Talley returned to the accident scene, Fox noticed that his shrubbery was damaged. He recalled that the appellant was in his truck and was apparently trying to free it from the shrubbery by repeatedly driving it forward and backward. The appellant did not leave the truck to survey the damage until the police arrived. Fox also testified that the appellant fell as he stepped out of his truck. Moreover, Fox observed some of the field sobriety tests administered by the police, and based on his observations, opined that the appellant was under the influence of an intoxicant. Fox further noted that the curve on wh
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