 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Spicer3/8/2002
Appeal from Brown District Court; JAMES A. PATTON, judge.
Convictions affirmed, sentences vacated, and case remanded with directions.
Defendant Billie J. Spicer appeals his jury convictions of aggravated battery and driving while suspended, arguing (1) the prosecutor committed misconduct during opening statements, (2) the district court erred in failing to instruct on voluntary intoxication, and (3) the imposition of an upward durational departure sentence is unconstitutional. We affirm the convictions, vacate the sentences and remand for resentencing.
On July 28, 1999, the defendant was returning home from work and stopped by Rosie's Cantina, a local bar where his mother worked. Defendant ordered a beer and met with his mother and his girlfriend, Jennifer Gentry.
Gentry and the defendant's mother had been looking for a new place to live during the day. Finding a trailer house that they wished to show the defendant, the three of them left the bar at approximately 5:30 p.m.
The three returned to the bar that evening. The defendant's mother stayed only a short time before going home to watch a program, but she returned later in the evening. The defendant and Gentry also left the bar briefly during the course of the evening. However, they both returned and consumed various amounts of alcohol throughout the evening.
When Gentry and the defendant prepared to leave the bar shortly before closing, the defendant was intoxicated and needed some assistance getting to Gentry's car. Gentry had stopped drinking approximately 2 hours before leaving.
According to Gentry, shortly after they left the bar, the defendant began to insist upon driving. Gentry refused, believing defendant to be too intoxicated to drive. Consequently, the defendant threw the transmission into park, pulled the keys out of the ignition, and threatened to throw the keys into a field if Gentry did not allow defendant to drive. Eventually, Gentry conceded to the defendant's demands. The defendant began to speed the car down the highway and refused to slow down as requested by Gentry. Fearing the defendant would wreck the car, Gentry climbed into the back seat. Moments later, the car failed to make a bend in the road and slammed into a utility pole.
The defendant's factual version of the events preceding the crash differs from Gentry's version of the facts. Defendant claims that as Gentry and he left the bar, Gentry hounded him with questions concerning his fidelity to her. The defendant became irritated and told Gentry to move back to Lawrence because he did not want to deal with Gentry's accusations. In response, Gentry supposedly floored the accelerator and threatened to kill both of them. The defendant tried to calm Gentry and slow down the vehicle. When Gentry did, the defendant threw the car into park, took the keys out of the ignition, and demanded to drive. As the defendant drove, he claims Gentry renewed the argument. The next thing the defendant recalled was seeing the pole right before the crash.
As the car hit the pole, Gentry was thrown forward and the seatbelt ripped off her right arm. Gentry was the first to regain consciousness after the crash and realized that her arm was missing when she attempted to exit the vehicle. Gentry tried to honk the car horn, but it would not operate, so she began to walk to seek assistance. The defendant could not move because his pelvis had broken in the crash.
A neighbor, who was investigating the loss of power to his home, stopped to assist the defendant and Gentry.
After an investigation, the State charged the defendant with recklessly causing an aggravated bat
Page 1 2 3 4 5 Kansas DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|