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Gratzer v. State6/19/2003
Submitted on Briefs: June 19, 2003
Steven Kurt Gratzer (Gratzer) appeals the District Court's denial of his petition for post-conviction relief. We affirm.
The sole issue for consideration is: Whether the District Court erred in denying Gratzer's petition for post-conviction relief.
Factual and Procedural Background
On the night of July 22, 2000, Missoula Police Officer Richard Eggett (Officer Eggett) witnessed a 1978 Chevrolet Caprice, in the oncoming lane of traffic, run a stop sign. As Officer Eggett made a U-turn, he observed the vehicle backing up into a motel parking space on the corner of Adams and Broadway. The officer then observed the driver get out of the vehicle and "fiddle" with the door. The driver then sat down in a lawn chair alongside of the City Center Motel. Officer Eggett testified that he had an unobstructed view of the vehicle as it pulled into the parking lot space and as the driver exited the vehicle. He also testified that there was only one person in the vehicle and that he had not seen anyone else in the area. Officer Eggett testified that he was certain that Gratzer was the driver of the vehicle and that, after his initial sighting of the Chevrolet Caprice, he maintained a full and unobstructed view of the suspect vehicle and its driver.
Officer Eggett then approached Gratzer who appeared intoxicated and was slurring his words. Gratzer denied knowing anything about the Caprice; however, following the officer's registration check of the vehicle, Gratzer admitted that the car belonged to his mother. The officer searched Gratzer following his arrest, but did not find any keys on his person or in the vicinity. At the time of his arrest, Gratzer repeatedly stated that he had not been driving the vehicle. Gratzer was arrested and was charged with felony DUI. At trial, Gratzer's defense was that he had not been in actual physical control of, or driving, the vehicle. Officer Eggett was the sole witness to testify that Gratzer had been in actual control of the vehicle.
At trial, Mike Church (Church), an acquaintance of Gratzer, testified that he, not Gratzer, had actually been driving the car that night and that Gratzer had been a passenger. Church testified that he left the scene after parking the car at the motel . According to Gratzer, he was so intoxicated that he did not remember Church driving the vehicle. Also, at trial, Gratzer argued that he could not have been in actual physical control of the vehicle because he did not have an ignition key to it. During cross-examination of Officer Eggett, the following exchange occurred:
Q: Did you ever locate a key-an ignition key or any sort of key for the vehicle?
A: No.
Q: Okay. Did you ever enter into the vehicle?
A: Yes, I did.
Q: And how did you do that?
A: When the tow truck arrived, I had the tow truck driver unlock the door for me so that I could get in the glove box and get the registration out to fill out some paperwork.
Q: Did you ever make any physical search for the key, an ignition key, or any set of keys or anything of that nature even after you couldn't find the keys on Mr. Gratzer?
A: In the vehicle you mean?
Q: In the vehicle or around in the surrounding area.
A: I did not search in the vehicle. I did search the surrounding area where Mr. Gratzer was sitting in a lawn chair. This was right next to some stairs, which had some empty space underneath them which was used for storage. And I did look in through there and around the lawn chair and could not locate any keys.
Q: But as you tes
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