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State v. Hamblin8/28/1990
Appellant Sidney Hamblin (defendant) was convicted in Maricopa County Superior Court of two counts of leaving the scene of an accident in violation of A.R.S. §§ 28-661, 28-663, 28-444, 28-445, 13-701, 13-702, 13-801 and 13-812, a class six felony. Defendant was sentenced to imprisonment for a term of three years on each count with the sentences to be served consecutively. Defendant appeals from the judgment and sentences imposed.
FACTS
On November 6, 1988, defendant was driving his pickup truck when he struck two pedestrians. He fled the scene, leaving one person dead and another seriously injured. Defendant was charged with one count of negligent homicide and two counts of leaving the scene of an accident. Defendant pled guilty to two counts of leaving the scene of an accident pursuant to a plea agreement which provided for dismissal of the negligent homicide count. The court found no mitigating factors at time of sentencing. Aggravating factors found by the court included a prior felony conviction; an extensive criminal record; that at the time of the fatal accident defendant was driving under the influence of alcohol; that defendant's driver's license was suspended at the time; that defendant's conduct killed one person and critically injured another; and that defendant knew at the time he fled the scene that he had caused serious injury to others. The court imposed maximum sentences of three years imprisonment on each count, to be served consecutively.
Discussion
Defendant argues on appeal that he is guilty of leaving once the scene of a single accident, and that the imposition of consecutive sentences violates A.R.S. § 13-116 and the double jeopardy provisions of the United States Constitution and of the Arizona Constitution.
TWO ACCIDENTS
We are not called upon today to determine whether, if defendant had struck one vehicle causing death or injury to two people, he could be sentenced consecutively for leaving the scene. In the instant case, defendant struck two pedestrians, each a distinct and separate entity, and each the victim of an accident. This is illustrated in the following dialogue between the court and defendant at the change of plea proceedings.
THE COURT: All right. The charge is that on Count II that on November 6th, 1988 you operated a vehicle at or near East Main Street and Barkley in Mesa, Maricopa County, which was involved in an accident and that resulted in the death of a person, Jacob M. Hofer, H-o-f-e-r, and that you failed or refused to remain at the scene and failed to fulfill the requirements of A.R.S. Section 28-663, which requires you to remain at the scene and provide the police with any and all information concerning yourself and the accident and insurance, and this occurred in violation of the law here in Maricopa County. Do you understand the nature of this charge?
MR. HAMBLIN: Yes, sir.
THE COURT: All right. As to Count III, on the same day at the same place, was there someone else involved in an accident that resulted in an injury to a person, namely Betty Hofer, and you also again failed to or refused to remain at the scene and failed to fulfill the requirements of 28-663?
MR. HAMBLIN: Yes, sir . . .
THE COURT: . . . You hit two people.
MR. HAMBLIN: Yeah.
THE COURT: And you just kept right on going?
MR. HAMBLIN: Yeah.
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