 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Washington1/28/2004
Defendant appeals from the judgment and sentence following his conviction for homicide by vehicle. AFFIRMED.
Marcel Levine Washington appeals from the judgment and sentence following his conviction for homicide by vehicle in violation of Iowa Code section 707.6A(1) (2001). He first contends there is insufficient evidence to support his conviction. We review claims of insufficient evidence for errors at law. State v. Rohm, 609 N.W.2d 504, 509 (Iowa 2000). We will uphold a finding of guilt if substantial evidence supports the verdict. Id. "Substantial evidence is evidence upon which a rational finder of fact could find a defendant guilty beyond a reasonable doubt." Id.
Section 707.6A(1) states a person commits a class "B" felony when they unintentionally cause the death of another person by operating a motor vehicle while intoxicated as prohibited in Iowa Code section 321J.2. Section 321J.2 states a person is operating while intoxicated when they operate a motor vehicle under any of the following conditions:
a. While under the influence of an alcoholic beverage or other drug or a combination of such substances.
b. While having an alcoholic concentration of.10 or more.
c. While any amount of controlled substance is present in the person, as measured in the person's blood or urine.
Washington argues there was no evidence presented at trial that he had any amount of controlled substance present in his blood or urine. He also argues his blood content was measured at.085, below the.10 required in section 321J.2(1)(b). Finally, Washington contends there was no evidence he was under the influence.
We conclude substantial evidence supports the conclusion Washington was under the influence while operating a motor vehicle at the time of his crash. When we consider whether a person is under the influence of alcohol, we consider whether the person was intoxicated. Benavides v. J.C. Penney Life Ins. Co., 539 N.W.2d 352, 355 (Iowa 1995). A person is"intoxicated" when one or more of the following is found: (1) the person's reasoning or mental ability has been affected; (2) the person's judgment is impaired; (3) the person's emotions are visibly excited; and (4) the person has, to any extent, lost control of bodily actions or motions. Id.
Washington was unconscious after the crash, making it impossible to evaluate his mental ability, judgment, emotions, and bodily actions. However, Washington's manner of driving prior to the crash is relevant to whether he was under the influence of alcohol. See State v. Walker, 499 N.W.2d 323, 325 (Iowa Ct. App. 1993). Prior to the crash, Washington's speed was measured at sixty-three and sixty-eight miles per hour in a thirty-five mile per hour zone. When law enforcement personnel attempted to pull Washington over, Washington tried to evade arrest. Washington ran a stop sign, and in an effort to pursue Washington, Deputy James Sorensen reached speeds of between ninety and ninety-five miles per hour. Washington crashed shortly after the pursuit was called off. Viewing his actions, a reasonable jury could conclude Washington's reasoning had been affected and his judgment impaired. Coupled with the testimony regarding Washington's blood alcohol level of.085 two hours after the crash, we conclude the evidence is sufficient to establish Washington was under the influence of alcohol at the time of the crash.
Washington also contends he received ineffective assistance of counsel because counsel failed to properly advise him regarding the sentencing consequences of rejecting a plea agreement. He contends he was unaware that if he went to trial he was facing a twenty-five year sentence
Page 1 2 Iowa DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|