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State v. Berkeley5/30/2001
Mansfield also testified that her gynecologist told her that she would never be able to deliver a child naturally because of the injuries to her pelvis. Her medical records were admitted into evidence at trial.
Trooper Alexis Sovinsky of the Louisiana State Police also testified, and his testimony largely corroborated that of Deputy DeJong. Sovinsky arrived at the hospital to assist DeJong with the investigation. Sovinsky stated that he detected an odor of alcoholic beverage on defendant as he spoke to him at the hospital. He said that he could not give defendant a field sobriety test which detected movement in the eye because defendant was lying down, which would give a false reading. Sovinsky asked defendant if he would voluntarily submit to having blood drawn, and he refused. He read defendant his Miranda rights, as well as his rights relating to the chemical test for intoxication. Sovinsky further testified that defendant's eyes were bloodshot and his speech was slurred.
DISCUSSION
On appeal, defendant first argues that the evidence was legally insufficient to prove that he committed first degree vehicular negligent injury. He argues specifically that the state failed to prove beyond a reasonable doubt that he was under the influence of alcohol at the time of the accident.
The standard for reviewing the sufficiency of evidence was set forth in Jackson v. Virginia, 443 So.2d 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979). In Jackson, the Court held that due process requires the reviewing court to determine "whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt." Jackson, 443 U.S. at 319 (emphasis in original).
In the instant case, defendant was convicted of first degree vehicular negligent injuring, a violation of La. R.S. 14:39.2, which provides in pertinent part:
A. First degree vehicular negligent injuring is the inflicting of serious bodily injury upon the person of a human being when caused proximately or caused directly by an offender engaged in the operation of, or in actual physical control of, any motor vehicle, aircraft, watercraft, or other means of conveyance whenever any of the following conditions exists:
(1) The offender is under the influence of alcoholic beverages.
(2) The offender's blood alcohol concentration is 0.08 percent or more by weight based upon grams of alcohol per one hundred cubic centimeters of blood.
(3) The offender is under the influence of any controlled dangerous substance listed in Schedule I, II, III, IV, or V as set forth in R.S. 40:964, or any abused substance.
B. The violation of a statute or ordinance shall be considered only as presumptive evidence of negligence as set forth in Subsection A.
C. For purposes of this Section, "serious bodily injury" means bodily injury which involves unconsciousness, extreme physical pain or protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member or organ or a mental faculty, or a substantial risk of death.
When circumstantial evidence is used to prove the commission of the offense, La. R.S. 15:438 provides that, "assuming every fact to be proved that the evidence tends to prove, in order to convict, it must exclude every reasonable hypothesis of innocence." Ultimately, evidence both direct and circumstantial must be sufficient under Jackson to satisfy a rational juror that the defendant is guilty beyond a reasonable doubt. State v. Ortiz, 96-1609 (La.10/21/97), 701 So.2d 922, 930, cert. denied, 524
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