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Ellis v. State10/17/2005
BLACKBURN, P. J., MILLER and BERNES, JJ.
Following a bench trial, Courtney Sentell Ellis appeals his conviction on two counts of homicide by vehicle and two counts of serious injury by vehicle. Ellis contends that the trial court erred by: (1) admitting into evidence the results of the State-administered chemical test; (2) admitting certain hearsay testimony from an emergency medical technician ("EMT") called to the scene of the incident; and (3) allowing the State to obtain Ellis's medical records pursuant to a search warrant. We conclude that Ellis's enumerations are without merit and affirm.
This Court reviews evidence in a light most favorable to the verdict, with deference to the factfinder's assessment of the evidence. Escutia v. State. So viewed, the evidence demonstrates that while driving a truck, Ellis veered into the oncoming lane, causing the driver of an oncoming vehicle to pull onto the right shoulder of the road to avoid a collision. Not decelerating, Ellis veered even further and struck the other vehicle, severely injuring one of the vehicle's occupants and killing another.
To assess Ellis's medical condition, a responding EMT asked him where he was hurt and whether he was taking any medications. Ellis responded that "the night before that he had smoked marijuana and drank alcohol all night." After treating Ellis, the EMT reported Ellis's statements to a police officer on the scene. The officer noted that Ellis's eyes were bloodshot, watery, and hazy, with the pupils dilated. Based on these observations, the officer testified that he believed Ellis may have been under the influence of alcohol or drugs.
Ellis was transported to a hospital where the emergency room physician asked him about his medical history, including substance use, so as to know what types of medication to administer. Ellis responded that he had smoked marijuana as recently as the night before the collision, , which response the physician noted in Ellis's medical records. The State later obtained these records pursuant to a search warrant.
Based on the authorities' belief that Ellis was driving while impaired, another police officer met with Ellis at the hospital to collect blood and urine samples for alcohol and drug testing. After determining that Ellis was under the age of 21, the officer, without arresting him, read Ellis the Georgia Implied Consent Warning for suspects under age 21. See OCGA § 40-5-55. Ellis consented to have samples of his blood and urine taken for testing. Both samples tested positive for marijuana metabolites. Months after the accident, Ellis was arrested and charged with two counts of homicide by vehicle and two counts of serious injury by vehicle.
Prior to trial, Ellis filed a motion to suppress the results of the State-administered chemical test. The trial court denied the motion, finding that there was "probable cause, warranting reading to defendant an Implied Consent Warning and the subsequent request that defendant provide blood and urine samples." Based on this ruling, Ellis waived his right to a jury trial. At the conclusion of the bench trial, the court convicted Ellis on all counts.
1. Ellis contends that the trial court erroneously denied his motion to suppress the results of the State-administered chemical test. We disagree and affirm.
OCGA § 40-5-55 (a) provides that a person who drives a vehicle in Georgia is deemed to have given consent to a State-administered chemical test of his blood or urine for the purpose of determining the presence of alcohol or any other drug, if (1) he is arrested for any offense arising out of acts alleged to have been committed in violation of OCGA § 40-6-39
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