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State v. Pickard12/14/2005
Before GASKINS, CARAWAY & PEATROSS, JJ.
Defendant, Dennis Dion Pickard, was charged with driving while intoxicated, third offense. After a bench trial, Defendant was found guilty as charged and the trial court imposed a sentence of five years at hard labor, with all but thirty days suspended, to run concurrent with any other sentence. Thirty days were ordered to be served without the benefit of parole, probation or suspension of sentence. Defendant was also placed on supervised probation for three years. Motions for post-verdict judgment of acquittal and new trial were argued and denied. Defendant now appeals, arguing that the evidence was insufficient to support his conviction. For the reasons stated herein, Defendant's conviction and sentence are affirmed.
FACTS
The record establishes that, at 8:58 p.m. on November 22, 2003, Patrolman Rodney Spikes was driving northbound on Highway 171 when he observed a black pickup truck cross over from the southbound to the northbound lane without any headlights on. The truck was being driven by Defendant; and, as Defendant pulled up beside Deputy Spikes, he turned on the truck's headlights and Deputy Spikes activated the overhead lights to initiate a traffic stop. Rather than merge to the right shoulder, Defendant merged into another crossover lane and stopped partially on the crossover lane and partially in the grass median. As Deputy Spikes made contact with Defendant, he smelled the odor associated with "alcoholic impurities." When Deputy Spikes asked Defendant for his driver's license, Defendant stated that he left it at home and gave the officer a false name.
Shortly after Defendant was stopped, at approximately 9:00 p.m., Deputy Russell Hicks of the Caddo Parish Sheriff's Office pulled his patrol car behind Deputy Spikes' patrol car. Deputy Hicks conducted a Horizontal Gaze Nystagmus ("HGN") test, which is a field sobriety test. Deputy Hicks testified that Defendant exhibited the six clues, or characteristics, of impairment during this test. Defendant was arrested and was read his Miranda rights.
Subsequently, Deputy Spikes found a driver's license in Defendant's truck with a name different from the name that Defendant had originally given. When questioned by Deputy Spikes about the driver's license, Defendant gave his correct name and also stated that he had consumed two beers.
Defendant was then taken to the south substation, where Deputy Hicks continued sobriety testing. Defendant could not keep his balance on the walk-and-turn test while listening to instructions and could not touch heel to toe without using his arm for balance. On the one-leg stand, Defendant swayed while attempting to balance and used his arm to balance. Officer Hicks noticed that Defendant's speech was slurred. At 9:31 p.m., after again being read his Miranda rights, Defendant submitted to an Intoxilyzer 5000 test and measured a reading of .031.
As previously stated, Defendant was charged by bill of information with driving while intoxicated, third offense. He was found guilty and sentenced to five years at hard labor, with all but thirty days suspended and to be served without the benefit of parole, probation or suspension of sentence. Defendant was also placed on supervised probation for three years. This appeal ensued.
DISCUSSION
Assignment of Error Number One (verbatim): The evidence is insufficient to support a conviction for third-offense driving while intoxicated
Defendant argues that the evidence presented by the State did not prove beyond a reasonable doubt that he was under the influence of alcoholic beverages. He notes that the subjective interpr
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