 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
MEEKINS v. STATE3/20/1991
Reynaldo Meekins appeals from his conviction of delivery of a controlled substance for which he was sentenced as a habitual offender to twenty years in the Arkansas Department of Correction. He contends that the trial court erred in refusing to grant a continuance and that he was denied effective assistance of counsel. We affirm.
Prior to trial, the prosecuting attorney advised the trial court that it had been brought to his attention that appellant possibly was intoxicated. The prosecutor stated that a breathalyzer test had just been conducted by two police officers and that appellant had registered .19 percent blood alcohol. The prosecutor indicated that he would object to a continuance because, based on his observations of appellant and appellant's conversations with the officers, appellant appeared to be coherent and able to assist his attorney in his defense.
Appellant's counsel moved for a continuance, stating that since appellant registered .19 on the breathalyzer test, he was unable to help pick a jury or go through the rigors of a trial. Counsel admitted, however, that he had not spoken to appellant since the night before and "I fully defer to the [prosecuting attorney] and the police officers, if they say he can respond effectively, I'll go with that. But, I personally have no knowledge as to whether he can talk to me or aid me this morning."
The trial judge then called the two officers to the bench and they testified as follows:
MR. VINES: Yes, sir, he run .19 percent on the breathalyzer. I've asked him his name and his address and his date of birth and he has responded to the four questions. He tells me he's fine and whatever, and he you know, and I asked him to bring - up here and let the Judge ask his name and address and date of birth, and he's give it probably right back to you. He has so far. His rights was read and he understood and did sign his rights for his breathalyzer at the City Police Department.
[PROSECUTING ATTORNEY]: I'll ask Mr. Porter the same questions. Sir, were you involved in transportation of Mr. Meekins to and from the City for the breathalyzer test?
MR. PORTER: Yes, sir, we gave him a breathalyzer. The lady hooked the breathalyzer up. She asked him the questions - name, address, how old he was, his date of birth, and he answered her fine. Didn't have any problem. He acted coherently and knew what was going on. Matter of fact wanted - there was & detective came in, he talked to him about that he'd remembered seeing him, his name on the subpoena list and all that stuff. He knows what's going on. He's not out of it. He knows what's going on.
In light of the officers' testimony, the court denied appellant's request for a continuance, finding that appellant was able to understand the proceedings. The court stated that "if at such time that the Court is convinced that the defendant is unable to understand the proceedings then the Court will take an appropriate action at that time."
Appellant contends that the trial court erred in refusing to grant a continuance, arguing that his sixth amendment rights were violated when he was forced to trial in an intoxicated condition. We agree that a person who is so intoxicated as to be unable to understand the proceedings or effectively participate in his defense ought not to be tried until that incapacity has been removed. See Taffe v. State, 23 Ark. 36 (1861); Ark. Code Ann. 5-2-302 (1987). However, we cannot conclude from our review of the record that appellant was in such a condition.
The record reflects that the prosecuting attorney stated, when he first entered the courtroom, that he observed appellant reading a newspap
Page 1 2 3 Arkansas DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|