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State v. House11/20/1997
{1} Defendant appeals his convictions for driving while intoxicated (DWI) (second offense), reckless driving, great bodily injury by vehicle (alternatively by reckless driving or DWI), and four counts of vehicular homicide (alternatively by reckless driving or DWI). Defendant raises numerous issues on appeal. The primary focus of Defendant's appeal concerns the district court's decision to grant the State's second change of venue motion in this case. Defendant contends that the district court erred in deciding to change venue from Taos County. Defendant also contends that the district court violated Defendant's federal and state constitutional rights by deciding to change venue to Doa Ana County. Because we determine that the district court's decision to change venue from Taos County must be reversed, we do not reach the merits of Defendant's constitutional challenges to the district court's selection of Doa Ana County as the new venue for the third trial.
{2} However, we will consider a number of other issues raised by Defendant because they have the potential of affording Defendant greater relief on appeal or because they will likely recur at a new trial. In particular, we also address Defendant's challenges to the district court's decisions to (1) deny Defendant's motion to dismiss; (2) admit Defendant's blood alcohol test results into evidence; and (3) enhance Defendant's sentences based on a prior misdemeanor DWI conviction. For the reasons that follow, we affirm Defendant's conviction for DWI from the first trial in this case. With regard to the remainder of Defendant's convictions following the third trial, we reverse and remand for a new trial.
I. FACTUAL AND PROCEDURAL BACKGROUND
{3} This case arises from a devastating and tragic automobile accident that occurred on Christmas Eve, 1992. Defendant was traveling in the wrong direction on Interstate 40 when he collided head-on with another automobile. The driver of the other vehicle was seriously injured, and the other four passengers, a mother and her three young daughters, were all killed. Defendant admitted to drinking seven and one-half beers earlier in the evening before the accident. However, Defendant maintained that shortly after he began to drive home he became disoriented because of a migraine headache and inadvertently turned on Interstate 40 going the wrong way.
{4} Defendant was ultimately bound over for trial in Bernalillo County on one count of driving while intoxicated (DWI), one count of reckless driving, one count of great bodily injury by vehicle (alternatively by reckless driving or DWI), and four counts of vehicular homicide (alternatively by reckless driving or DWI). Because of the widespread publicity surrounding the incident, Defendant moved for a change of venue to Taos County. Thereafter District Judge Frank H. Allen, Jr., with the concurrence of the State, granted Defendant's motion. The first trial began in Taos County in June 1994, with Judge Frank H. Allen, Jr., presiding. Following Defendant's first trial in Taos County, the jury convicted Defendant of DWI. However, the jury deadlocked on the more serious charges of homicide by vehicle and great bodily injury by vehicle, voting 9 to 3 in favor of conviction. Following the first mistrial, the State moved for a change of venue because of the publicity attending the mistrial. Judge Allen denied the State's motion for change of venue.
{5} Judge Allen subsequently recused from the case, and District Judge Richard Blackhurst was assigned to preside over the second trial in Taos County. Before the second trial, the State renewed its motion for change of venue, which Judge Blackhurst also denied. Defendant was retried in Nov
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