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State v. Worley12/7/2004
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.
On 25 November 2002, a jury convicted defendant of driving while impaired (DWI), and the court imposed a 6 month sentence, suspended for 24 months. Defendant appeals the conviction, and for the reasons below, we find no error.
At approximately 9:46 p.m., 12 January 2002, Trooper K.D. Hyde, of the North Carolina Highway Patrol, observed defendant's vehicle traveling in excess of the speed limit. When the trooper clocked defendant's vehicle at seventy-seven m.p.h. in a fifty-five m.p.h. zone, he turned on his blue lights and siren and pursued defendant. Trooper Hyde saw defendant weave between the shoulder and the travel lane before he stopped. As Trooper Hyde exited his vehicle, he saw defendant get out of his own vehicle and stumblealong holding the side of his truck. Trooper Hyde also observed that defendant had red, glassy eyes, was very disoriented, and smelled strongly of alcohol. Defendant performed poorly on two psycho-physical tests administered by Trooper Hyde.
Based on his observations, Trooper Hyde formed the opinion that defendant was impaired and placed him under arrest for DWI. He took defendant to the Macon County Jail, and read him his rights, whereupon defendant blew a .14 on the Intoxylizer. Defendant appeared before a magistrate, who ordered that defendant be released to a sober adult or at daylight. Defendant telephoned his mother, who picked him up the next morning.
Before the trial, defendant issued a subpoena duces tecum for production of the repair records of, and raw data downloaded from, the Intoxilyzer unit used here. In response, the State filed a motion to quash. Defendant then filed a "Motion to Continue and Compel Timely Production of Data", and later, a "Motion for Independent Testing", and a motion to dismiss. On 19 November 2002, the trial court held an evidentiary hearing, at the conclusion of which it granted the State's motion to quash and denied all of defendant's motions.
Defendant argues that the trial court erred in denying his motion to compel. He asserts that the information he sought in the subpoena duces tecum would have allowed him to present an affirmative defense, and the denial of that information violated his due process rights. Defendant concedes that he was not entitled to this information in advance under the discoverystatute, N.C.G.S. § 15A-901 (2003). We need not decide whether defendant was entitled to the information he sought through the subpoena duces tecum, as we conclude that any possible error was harmless beyond a reasonable doubt.
This Court has repeatedly held that the proper standard for reviewing a court's refusal to grant a defendant's request for information is whether such denial, if error, was harmless beyond a reasonable doubt. State v. Cunningham, 108 N.C. App. 185, 197, 423 S.E.2d 802, 809 (1992); State v. McKeithan, 140 N.C. App 422, 436, 537 S.E.2d 526, 535 (2000). Here, as in Cunningham and McKeithan, the evidence against defendant is overwhelming. Defendant admitted that he had consumed four drinks, as well as an entire bottle of cough syrup which contained alcohol. Furthermore, the arresting officer observed defendant's car weaving, and defendant stumbling as he exited his vehicle. The arresting officer testified:
I observed red glassy eyes . . . e was very unsteady on his feet . . . I asked Mr. Worley why he was traveling so fast . . . He just continued to stare at me. He was very disoriente
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