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[T] State v. Storer4/1/2003
UNPUBLISHED
A decision without a published opinion is authority only in the case in which such decision is rendered and should not be cited in any other case in any court for any other purpose, nor should any court consider any such decision for any purpose except in the case in which such decision is rendered. See Rule of Appellate Procedure 30 (e)(3).
Defendant Randi Elaine Storer was charged with driving while impaired, open container after consuming, and driving after consuming alcohol while less than twenty-one years of age. Defendant was convicted of all charges in district court. Thereafter, defendant appealed to the superior court. The State proceeded to trial on the driving while impaired and driving after consuming alcohol while less than twenty-one years of age convictions. The State's evidence tended to show that in the early morning hours of 7 August 2001, Officer Michael K. Allen of the Winston-Salem Police Department was dispatched to a scene of acrash. At the scene, Officer Allen observed the front end of an Isuzu Rodeo SUV vehicle had crashed into the front of a brick and glass building. Defendant, who was sitting on the curb near the driver's side of the vehicle crying, had minor abrasions on her face and a small laceration on the bottom of her right foot. Officer Allen noticed broken glass, including a broken bottle of Heineken beer, on the ground outside the driver's side of the vehicle.
Inside the SUV, Office Allen discovered a woman's sandal on the driver's side floorboard underneath the brake pedal. The front passenger area of the floorboard contained clothing, a backpack, and an opened bottle and an unopened bottle of Heineken beer. Clothing was also on the passenger seat. The cargo area contained dresser drawers, clothes, a duffel bag and books.
Officer Allen detected a strong odor of alcohol about defendant and noted that defendant's speech was slow and slurred. Defendant requested that Officer Allen call her father. Upon her father's arrival, defendant attempted to perform some sobriety tests. Defendant could not perform the walk-and-turn and the one- legged-stand test because she was unable to stand without her father's help. Defendant successfully completed the alphabet test. After completing his investigation, Officer Allen arrested defendant and transported her to the Forsyth County Magistrate's Office Intoxilyzer room. Defendant stipulated before trial that her alcohol concentration reading was 0.15.
Defendant presented evidence as follows. Defendant'sstepmother observed a pink area from her right shoulder across her chest in a diagonal pattern that appeared to be made by a seat belt restraint. Stanley Dove (Mr. Dove) testified that he was standing at a phone booth adjacent to the building when the collision occurred. After the collision, Mr. Dove observed defendant get out of the passenger's side of the vehicle. He also observed a young man get out of the driver's side of the vehicle and walk away from the scene.
A jury convicted defendant of driving while impaired and driving after consuming alcohol while less than twenty-one years of age. The trial court sentenced defendant to sixty days in the custody of the Forsyth County Sheriff for the driving while impaired conviction, suspended the sentence and placed defendant on twenty-four months probation. The trial court also sentenced defendant to thirty days in the custody of the Forsyth County Sheriff for the driving after consuming alcohol while less than twenty-one years of age conviction, suspended the sentence and placed defendant on twelve months supervised probation. Defendant appeals.
Defendant first contends the trial court erred by d
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