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State v. Brown7/23/1991
The state petitioned for review of the superior court's ruling denying the state's
motion in limine. The petition for special action raised the issue whether Desmond v. Superior Court, 161 Ariz. 522, 779 P.2d 1261 (1989), requires the state to relate back a defendant's blood alcohol concentration (BAC) to the time of driving for the results of the blood test to be admissible in a prosecution for reckless manslaughter. By order, we accepted jurisdiction, granted relief and remanded to the superior court with an opinion to follow. This is that opinion.
The issue presented is one of first impression and statewide importance. Duquette v. Superior Court, 161 Ariz. 269, 271, 778 P.2d 634, 636 (App. 1989). It presents a pure issue of law that may be decided without further factual inquiry. Winner Enterprises v. Superior Court, 159 Ariz. 106, 108, 765 P.2d 116, 118 (App. 1988). Additionally, the issue has been presented to the superior courts with conflicting results. Thus, in the exercise of our discretion, we accepted jurisdiction.
FACTS AND PROCEDURAL BACKGROUND
Jay William Rigsby (defendant) was charged with one count of reckless manslaughter, a class 3 felony, in violation of A.R.S. § 13-1101 and -1103. The charge arose from an accident in which the defendant entered an intersection and drove his automobile into the path of an approaching motorcycle. The motorcyclist died from injuries sustained in the collision.
The defendant also received injuries that required medical attention. He was treated by paramedics at the scene and later transported to the emergency room of an area hospital. Approximately two hours after the accident, hospital personnel drew blood from the defendant for medical purposes. Based on the defendant's statements to police officers at the scene of the collision and to the attending emergency room physician that he had one drink that evening, the Phoenix Police Department obtained a portion of the blood sample. Subsequent analysis of the sample revealed that the defendant's BAC was .112 at the time the blood was drawn.
The state filed a motion in limine requesting the court to find that the blood test results were material and relevant and that Desmond v. Superior Court, 161 Ariz. 522, 779 P.2d 1261 (1989) did not require the state to relate back the defendant's BAC to the time of driving. After an evidentiary hearing, the superior court denied the state's motion. Relying on Desmond, the court permitted the state to use the blood test results to show only the presence of alcohol in the defendant's system at the time of the test, but not the numerical BAC or the number of drinks reflected by this number. Id. at 527-28, 779 P.2d at 1266-67. The superior court stayed the proceedings pending the state's filing of this special action petition.
Discussion
We begin by noting that evidence of intoxication is relevant in a prosecution for reckless manslaughter. Relevant evidence is evidence having a "tendency to make the existence of a fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence." Rule 401, Arizona Rules of Evidence; see also State v. Fisher, 141 Ariz. 227, 245, 686 P.2d 750, 768 (1984), cert. denied, 469 U.S. 1066, 105 S. Ct. 548, 83 L. Ed. 2d 436.
In this case, the "fact that is of consequence" i
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