 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Justice v. Commonwealth of Kentucky12/17/1998
All concur.
OPINION OF THE COURT BY JUSTICE JOHNSTONE
AFFIRMING
Appellant, Carl William Justice, was convicted of First-Degree Assault and DUI. He was sentenced to twenty years' (20) imprisonment on the assault charge. He appeals to this Court as a matter right. We affirm.
On September 22, 1996, David Lockhart was severely injured when the car he was driving was struck by a 1975 Plymouth Duster owned by Appellant's wife, Demaris Justice. The main issue at trial was whether Appellant was driving the Duster at the time of the collision.
On the day of the collision, Appellant was paid a surprise visit by two old friends from Cincinnati, Ohio -- Johnny Leonard and Danny Luckett. They brought with them a half-gallon of vodka. Appellant, his brother Ellis Hargis, Leonard, and Luckett spent the better part of the day driving around drinking and smoking marijuana. The foursome returned to Appellant's apartment late in the afternoon. Luckett passed out on Appellant's couch. Appellant testified that he was intoxicated at this point.
Some time later, Appellant, Hargis, and Leonard decided to go to Cincinnati to pick up Leonard's girlfriend. Demaris objected to the plan. A public argument between Appellant and Demaris ensued. Evidently, Appellant won the argument. He got behind the wheel of the Duster, with Leonard and Hargis along for the ride, and sped away from the apartment complex with squealing tires . According to Appellant, he pulled off of the road some one hundred yards away and allowed Leonard to drive the Duster from that point forward. Demaris testified that she saw the car pull over and watched the occupants get out of the car. According to the Commonwealth's proof, the driver switch never occurred.
Appellant's trial lasted one day. He raises a number of issues on appeal. Those with merit are set out below.
I. Directed Verdict
Appellant argues that the Commonwealth failed to prove that he was the driver of the Duster at the time of the collision and, thus, was entitled to a directed verdict.
On appellate review, the test of a directed verdict is, if under the evidence as a whole, it would be clearly unreasonable for a jury to find guilt, only then the defendant is entitled to a directed verdict of acquittal." Commonwealth v. Benham, Ky., 816 S.W.2d 186, 187 (1991). Upon review of the evidence presented by the Commonwealth, it was not clearly unreasonable for the Appellant's jury to find him guilty.
Appellant admitted that he was driving the Duster when he, Leonard, and Hargis left his apartment. He admitted to being intoxicated at the time. Other residents of the apartment complex testified that they saw Appellant speed away in the Duster. The collision between the Duster and Lockhart's vehicle occurred less than a mile away from Appellant's apartment. Witnesses testified that they heard the sirens from emergency vehicles within seven (7) or eight (8) minutes after Appellant sped away from the parking complex. Upon this evidence, it was not unreasonable for the jury to find that Appellant was driving the Duster at the time of the collision.
II. Double Jeopardy
On the night of the collision, a police officer encountered Appellant standing outside a private residence. The officer arrested Appellant and took him to jail. The next day, Appellant pled guilty to Alcohol Intoxication in violation of KRS 222.202 and Leaving the Scene of an Accident in violation of KRS 189.580(1). Appellant argues that "evidence of intoxication is a material fact and is evidence of both the DUI and [First-Degree] Assault elements of the respective charges. Sin
Page 1 2 3 4 5 6 7 8 9 Kentucky DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|