 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Williams6/27/1991
Appellant Roger Williams contends that his conviction for aggravated assault should be vacated and the charges dismissed and that he should be granted a new trial on the charges of reckless endangerment and leaving the scene of an accident. He argues that the trial court erred in denying his motions for mistrial because of improper remarks by the prosecutor in his opening statement and because of improper references to his race. Appellant also claims that his aggravated assault conviction is precluded by his double jeopardy rights and that he was improperly charged, wrongfully denied an expert, deprived of his right to a grand jury, convicted on improperly admitted evidence, and improperly sentenced. We affirm.
Appellant was observed by several motorists on December 26, 1986 in Gila County driving a pickup truck at an excessive speed in an aggressive and extremely dangerous manner for about ten miles before he rear-ended a station wagon. A 14-year-old boy in the station wagon was thrown out and was brain damaged and blinded.
Appellant was indicted on two counts of reckless endangerment, two counts of aggravated assault, and one count of failing to remain at the scene of an accident. Just prior to trial, the court granted the state's motion to dismiss one of the counts of aggravated assault and one of the reckless endangerment counts. Appellant was tried
in absentia after he failed to appear for trial. He was convicted on all counts, and the jury found that the aggravated assault was committed with a dangerous instrument. After he was apprehended nearly three years later, appellant was sentenced to presumptive terms of 1.5 years each for reckless endangerment and leaving the scene of an accident, to be served concurrently with each other but consecutively to the aggravated assault count. He was also sentenced to an aggravated term of 22 years for the aggravated assault pursuant to A.R.S. § 13-604.01(D).
DENIAL OF MISTRIAL IN OPENING STATEMENT
Near the end of his opening statement, the prosecutor made a brief reference to nightmares suffered by the victim's sister and to the family's temporary residence at the McDonald House in Phoenix after the collision. At the end of the statement, appellant objected. He later argued that the comments about the sister's nightmares and "the family's life being hell" were prejudicial. During the rest of that argument as well as during a subsequent argument on the issue, only the nightmares comment was discussed. There was no further mention of the family's stay at the McDonald House.
The court denied appellant's motion for a mistrial based on the remark, noting that the jury had been instructed that it was not to be concerned with matters of sympathy or prejudice. The court also ordered that the issue was not to be mentioned again. The prosecutor did not question the sister about her nightmares when she took the stand. Appellant now complains that both comments were improper. We address only the comment about the nightmares, finding that the comment about the Ronald McDonald House was not properly preserved. State v. Holmes, 110 Ariz. 494, 520 P.2d 1118 (1974).
In determining whether remarks made by counsel in a criminal case are so objectionable as to require a mistrial, the trial court should consider (1) whether the remarks called to the attention of the jurors matters that they would not be justified in considering in determining their verdict, and (2) the probability that the jurors, under the circumstances of the particular case, we
Page 1 2 3 4 5 Arizona DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|