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STATE v. WEEKS12/8/1993
Callier Weeks appeals from the judgment entered in the Superior Court (Penobscot County, Browne, A.R.J.) on a jury verdict finding him guilty of operating a motor vehicle while under the influence of intoxicating liquor or while having 0.08% or more by weight of alcohol in his blood, 29 M.R.S.A. § 1312-B (Pamph. 1992). Weeks argues that the Superior Court abused its discretion by denying his request for a jury view of his automobile and that the State committed obvious error in its closing statement. Weeks also challenges the sufficiency of the evidence. We find no error in the record and affirm the judgment.
I.
The arresting officer testified that he observed Weeks driving an automobile with his head "almost right up to the windshield." After Weeks testified that driving in this position was impossible due to the automobile's design, he requested a jury view of the automobile, which the court denied. Weeks maintains that because of the conflicting testimony, a view was essential for the jury to determine who was telling the truth. He argues that the court abused its discretion in denying this request. We disagree.
The decision to grant or deny a jury view is within the court's discretion. State v. Heald, 333 A.2d 696, 700 (Me. 1975). The purpose of a view is not to receive evidence, but "to enable the jury to more intelligently apply and comprehend the testimony presented in court." Id. (quoting State v. Slorah, 118 Me. 203, 214-215, 106 A. 768, 773 (1919)). As we held in State v. White, 285 A.2d 832, 835 (Me. 1972), in light of jurors' familiarity with automobiles, it is unlikely that a view would have helped them understand the testimony in this case. The court did not abuse its discretion by denying Weeks' request.
II.
In its closing statement, the State argued to the jurors that, in order for them to acquit Weeks, they would necessarily have to conclude that the arresting officer had lied on the witness stand. Since Weeks did not object, we review for obvious error. State v. True, 438 A.2d 460, 467 (Me. 1981). This standard of review recognizes error only when it is "so highly prejudicial and so taints the proceeding as virtually to deprive the aggrieved party of a fair trial." Id. at 468 (quoting State v. Langley, 242 A.2d 688, 690 (Me. 1968)). Weeks argues that the State's statement improperly shifted the jury's focus from the complex question of whether the State had proved all the elements of the
This is not a case where the State offered its personal opinion as to the truthfulness of the defendant or a witness. See, e.g., State v. Steen, 623 A.2d 146, 149 (Me. 1993). Rather, the State properly commented on the fact that witness credibility was a crucial issue in this case. See State v. Hinds, 485 A.2d 231, 238 (Me. 1984). (State's closing argument that, if jurors believed victim's testimony, they should convict the defendant but, if they did not believe that testimony, they should find the defendant not guilty, was not obvious error). We therefore find no obvious error in the State's closing argument.
III.
Relying primarily on the issue of whether his blood-alcohol test result was reliable, Weeks contends that the evidence introduced at trial was insufficient to support his conviction. After the arrest, the police officer testified that he administered a "balloon type" blood-alcohol test. The officer further testified that Weeks inflated the balloon in one breath, that the sample was sent to a laboratory for testing, and that the test result showed Weeks'
The standard for determining whether there was sufficient evidence to support a conviction is whether, based on that evidence viewed in the li
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