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Claxton v. City of Lynchburg9/29/1992
OPINION BY CHIEF JUDGE LAWRENCE L. KOONTZ, JR.
James Thomas Claxton (Claxton), appellant, was convicted of driving under the influence (DUI) as a second offense and refusing to submit to a blood or breath test. Claxton contends that the evidence, which included certain incriminating statements he made to the arresting officer, was insufficient to establish the corpus delicti of the offense of DUI. The sole issue on appeal is whether the evidence was sufficient to support Claxton's conviction for DUI. For the reasons that follow, we find that sufficient evidence supports the conviction and, accordingly, we affirm.
On October 2, 1990, at 6:08 p.m., Officer D. E. Smith of the Lynchburg Police Department was dispatched to 1823 Ivy Street in the City of Lynchburg in response to a call involving a single vehicle accident. Upon arrival at 6:11 p.m., Officer Smith found a gray Chevrolet in the front yard of the residence. The front end of the vehicle was up
against" the concrete landing of the right front of the house. Claxton was standing next to the driver's door of the vehicle.
Claxton told Officer Smith that he had been driving and a raccoon had run out in front of him and caused the accident. The officer detected a "very strong odor of alcohol on [Claxton's] breath." He also observed that Claxton's eyelids were very heavy and that he swayed back and forth as he talked. Claxton told Smith he had "a couple of beers," the last one being at approximately ten that morning.
After refusing to perform field sobriety tests, Claxton said, "I had too much to drink to be driving," "Go ahead and take me to jail," "I have no business being in this person's yard," "I'm sorry," and "I will take my punishment." Claxton was arrested for DUI at 6:27 p.m. He refused to submit to a blood or breath test.
In reviewing the sufficiency of the evidence of appeal, we are guided by well-settled principles.
" We review the evidence in the light most favorable to the Commonwealth, granting to it all reasonable inferences fairly deducible therefrom. The judgment of a trial court sitting without a jury is entitled to the same weight as a jury verdict and will not be set aside unless it appears from the evidence that the judgment is plainly wrong or without evidence to support it."
Josephs v. Commonwealth, 10 Va. App. 87, 99, 390 S.E.2d 491, 497 (1990) (en banc) (quoting Martin v. Commonwealth, 4 Va. App. 438, 443, 358 S.E.2d 415, 418 (1987)).
The term corpus delicti, meaning "the body of a crime," refers to "the objective proof or substantial fact that a crime has been committed." Black's Law Dictionary 344 (6th ed. 1990). The corpus delicti of a crime "ordinarily includes two elements: the act and the criminal agency of the act." Id. The corpus delicti of driving while intoxicated includes proof of two facts: "'(1) that the defendant was operating or driving a motor vehicle, and (2) that he was under the influence of intoxicants at the time he was driving or operating it.'" Potts v. Commonwealth, 12 Va. App. 1093, 1096, 408 S.E.2d 256, 257 (1991) (quoting Nicolls v. Commonwealth, 212 Va. 257, 258, 184 S.E.2d 9, 10 (1971)).
Claxton contends that the evidence was insufficient to prove the corpus delicti of DUI. Although Claxton concedes the evidence shows
that he was intoxicated when the officer ar
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