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Furlow v. State11/14/2005
RUFFIN, C. J., JOHNSON, P. J., BARNES, J.
A jury found Christopher Furlow guilty of driving under the influence , two counts of child endangerment, and driving with a suspended license. On appeal, Furlow challenges the sufficiency of the evidence. He also contends that the trial court erred in charging the jury. For reasons that follow, we affirm in part and reverse in part.
1. On appeal from a criminal conviction, Furlow no longer enjoys a presumption of innocence, and we view the evidence in a light most favorable to the jury's verdict. In so doing, we neither weigh the evidence nor assess witness credibility, but merely determine whether the evidence is sufficient to sustain the conviction.
Viewed in this manner, the record reveals that around 7:00 a.m. on November 24, 2001, Trooper Jason Geddie saw a vehicle stopped on the shoulder of the interstate with a child sitting in the front passenger seat. As Geddie approached the car, he observed that the driver's seat was reclined, the driver was asleep, and a second child was asleep in the back seat. Geddie woke Furlow, who was in the driver's seat, to inquire if Furlow was having car trouble. While speaking to Furlow, Geddie "notice a strong smell of alcohol on [Furlow's] breath."
Geddie obtained Furlow's drivers' license, and he discovered that Furlow had been driving on a suspended license. Geddie asked Furlow to submit to a field alcosensor test, which showed that Furlow had alcohol in his system. At that time, Geddie called for a deputy to assist with Furlow's two children, who were ages two and five. According to Geddie, he opted not to conduct other field sobriety tests due to the inclement weather.
Once the deputy arrived, Geddie looked closely at the front of Furlow's car and discovered "tree limbs and debris all over the front of vehicle." Geddie also saw "a mud trail" leading from Furlow's car to the roadway, and he followed the trail to an area where it appeared Furlow had driven off the road and through a ditch before returning to the interstate. Geddie arrested Furlow for driving under the influence and read him the implied consent law. A subsequent blood test revealed that Furlow's blood-alcohol content was 0.143 grams of alcohol per 100 milliliters of blood, which exceeds the legal limit.
Furlow was charged with driving under the influence "while his alcohol concentration was .08 grams or more within 3 hours after such driving ended," driving under the influence to the degree it was less safe to drive, two counts of child endangerment for driving with children in the car while under the influence of alcohol, and driving on a suspended license. At trial, Furlow testified that he drank two beers the evening of Friday, November 23, before leaving his house. According to Furlow, between 1:00 and 2:00 a.m. the next morning, he was driving with his children when his right front tire "blew out," causing him to veer off the road. Although Furlow attempted to change the tire, his jack broke. Furlow testified that he then retrieved snack food for the children and three or four 16 ounce beers from the trunk, which he then drank before falling asleep. The jury evidently did not believe Furlow, and they found him guilty of driving under the influence to the degree it was less safe, two counts of child endangerment, and driving with a suspended license.
On appeal, Furlow challenges the sufficiency of the evidence establishing that he was driving under the influence . Specifically, he argues that there is insufficient evidence regarding his manner of driving, which he contends is necessary to sustain his conviction. We disagree.
"It is well settled that the
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