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State v. Bowen12/26/2001
AFFIRMED
Defendant/ Appellant, William Bowen, appeals his conviction for a 4th offense operation of a motor vehicle while intoxicated. Bowen asserts that the trial court erred in restricting the scope of his cross-examination of a witness, thereby denying him the constitutional right to present a defense. Bowen further argues that the trial court erred in imposing an excessive sentence. For the following reasons, we affirm.
On March 4, 1999, the Jefferson Parish District Attorney filed a bill of information charging defendant, William Bowen, with fourth offense operation of a motor vehicle while intoxicated, a violation of LSA-R.S. 14:98. Bowen was arraigned on March 9, 1999 and pled not guilty. On May 5, 1999, the case was tried before a twelve-person jury which unanimously found Bowen guilty as charged. On May 19, 1999, the trial court sentenced Bowen to imprisonment at hard labor for ten years, with the first three years to be served without benefit of parole, probation or suspension of sentence. Bowen filed a motion for appeal which was granted, but because his motion for appeal was untimely filed, we dismissed the appeal and remanded the matter in order to allow Bowen the opportunity to seek reinstatement of his right to appeal by post conviction relief. Bowen filed an application for post conviction relief seeking reinstatement of his right to appeal which was granted on August 31, 2000.
In the early morning hours of December 25, 1998, Deputy Don Grossnickle, of the Jefferson Parish Sheriff's Office, saw a vehicle, with no headlights on, drive up North Arnoult Street and turn right onto Veterans Boulevard. Grossnickle turned on his flashing lights and pulled the vehicle over. At trial, Deputy Grossnickle testified that William Bowen stepped out of the vehicle, fell, and grabbed the side of the vehicle to hold himself up because he was having difficulty standing. Grossnickle further testified that Bowen smelled "highly of alcohol" and appeared to be "highly intoxicated." Deputy Grossnickle subsequently called headquarters to request that a state task force unit come to the scene and conduct field sobriety tests. After a representative from the state police arrived, Grossnickle had no further involvement with the investigation.
Trooper Robert P. Hodges of the Louisiana State Police, testified that on December 25, 1998, he was notified by Troop B radio dispatch that the sheriff's department had a vehicle stopped on Veterans Boulevard near Hessmer Boulevard and needed assistance. Hodges, who was called as a witness by the state, testified that he had been a member of the DWI task force for approximately one year prior to December of 1998, and that he had made close to 200 DWI arrests since he had been employed as a state trooper. When Hodges arrived on the scene, he took over the supervision of the investigation. Hodges testified that he smelled a strong alcoholic odor on Bowen's breath, that Bowen's pupils were dilated, and that Bowen's eyes were glassy. Bowen also leaned up against a wall at Delta Tire World at Hessmer and Veterans Boulevard to keep his balance so he wouldn't "sway back and forth." Hodges advised Bowen of his rights and asked him where he was coming from and where he was going, and if he would submit to a field sobriety test. Bowen complied with Hodge's request to submit to the field sobriety tests, and Hodges administered the tests around 2:30 or 3:00 a.m. Hodges testified that Bowen failed all three subparts of the horizontal gaze nystagmus test, failed all portions of the walk-and-turn test, and failed the one- leg stand test as well.
Hodges then advised Bowen of his rights per Miranda and placed him under arrest for DWI. He con
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