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State v. Hight3/1/2002
condly, Hight urges that the State did not establish that he was the same defendant in the two predicate DWI convictions. In Louisiana, proof that a person of the same name has been previously convicted does not constitute prima facie evidence that the two persons are the same.
The State must additionally offer proof that the accused is the same person as the defendant previously convicted. City of Monroe v. French, 345 So.2d 23 (La. 1977). Various methods may be used to prove that the defendant on trial is the same person whose name is shown as the defendant in the evidence of a prior conviction, such as: testimony of witnesses, expert opinion as to the fingerprints of the accused when compared with those of the person previously convicted, photographs contained in a duly authenticated record, or evidence of identical driver's license number, sex, race and date of birth. See State v. Westbrook, 392 So.2d 1043 (La. 1980); State v. Curtis, 338 So.2d 662 (La. 1976).
The trial court took judicial notice that Hight was a white male. Hight testified as to his driver's license number, date of birth, and social security number. Hight testified to the same date of birth and social security number during the plea colloquy for his 1995 DWI. In addition, the evidence produced with regard to the second conviction indicates the same race, sex, date of birth, social security number, and driver's license number as the defendant in this case. Furthermore, on cross-examination, Hight testified that he pled guilty to DWI on two prior occasions. We hold therefore that the evidence submitted is sufficient to identify Hight as the same person who pled guilty to the two prior DWIs. The trial court did not err in finding Hight guilty of operating a vehicle while intoxicated, third offense. Accordingly, these assignments lack merit.
By separate assignments of error, numbers six and seven, Hight complains of various evidentiary rulings by the trial court. Nevertheless, Hight has failed to brief each of these assignments of error. Assignments of error which are neither briefed nor argued are considered abandoned. URCA Rule 2-12.4; State v. Schwartz, 354 So.2d 1332 (La. 1978); State v. Kotwitz, 549 So.2d 351 (La. App. 2d Cir. 1989), writ denied, 558 So.2d 1123 (La. 1990). A mere statement of an assignment of error in a brief does not constitute briefing of the assignment; therefore, these assignments are deemed abandoned. State v. Toney, 26,711 (La. App. 2d Cir. 3/1/95), 651 So.2d 387; State v. Williams, 632 So.2d 351 (La. App. 1st Cir. 1993), writ denied, 94-1009 (La. 9/2/94), 643 So.2d 139.
Error Patent Review
In this case, the trial court did not order in the sentencing that Hight's vehicle be forfeited pursuant to La. R.S. 14:98(D)(2). We have reviewed the sentence in accordance with State v. Williams, 2000-1725 (La. 11/29/01), 800 So.2d 790, a case which also involved a third offense DWI. Williams ruled that pursuant to La. C.Cr.P. arts. 920 and 882, the appellate court's error patent review can extend to illegally lenient sentences and require remand of the case to the district court for resentencing. In Williams, the appellate court had found error patent because of the trial court's failure (i) to impose the mandatory $2,000 fine and (ii) to require the seizure and sale of the vehicle being driven at the time of the offense. La. R.S. 14:98(D)(2) imposes the vehicle forfeiture penalty as follows:
(2)(a) In addition, the court shall order that the vehicle being driven by the offender at the time of the offense shall be seized and impounded, and sold at auction in the same manner and under the same conditions as executions of writ of seizures and sale as provided
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