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State v. Crenshaw4/6/2005
Before WILLIAMS, PEATROSS & DREW, JJ.
A unanimous jury found Dennis Laine Crenshaw ("Defendant") guilty of two counts of vehicular homicide and one count of first degree vehicular negligent injuring, arising out of a traffic accident on March 7, 2002. The trial court imposed fines of $2,000 and sentences of 20 years at hard labor for each of the homicide counts, one year of which must be served without benefits. The court imposed a fine of $2,000 and directed that Defendant serve five years at hard labor for the negligent injuring count. The court ordered all the sentences to be served consecutively. Defendant filed a Motion for Reconsideration of Sentence, urging that the State failed to prove that he was the driver of the vehicle involved, which was denied. Defendant appeals this ruling and further asserts that his sentences are excessive and that he should have been ordered to serve the sentences concurrently. For the reasons set forth herein, Defendant's convictions and sentences are affirmed.
FACTS
The State charged that, on March 7, 2002, Defendant caused the death of Vicki Taylor ("Ms. Taylor") and her son, Lee Anthony Taylor, and that he inflicted serious bodily injury upon Vicki Taylor's daughter, Ashley, while operating a motor vehicle with a blood alcohol concentration over 0.08 percent.
These charges arose from a traffic accident occurring at the intersection of Marshall and Creswell Streets in Shreveport, Louisiana. The victims were in a red vehicle which was stopped at a traffic signal when a white Toyota Supra, allegedly driven by Defendant, struck the rear of their car. Defendant's blood alcohol content was determined to be 0.23 at the time of the accident. An accident reconstruction expert testified that the white car was traveling in excess of 80 m.p.h. at the time of the accident and several witnesses gave testimony indicating that Defendant was intoxicated. Defendant had two prior convictions for DWI and another for careless operation of a vehicle. Defendant now appeals his convictions and sentences.
STANDARD OF REVIEW
The standard of appellate review for a sufficiency of the evidence claim is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime proven beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S. Ct. 2781, 61 L. Ed. 2d 560 (1979); State v. Cummings, 95-1377 (La. 2/28/96), 668 So. 2d 1132; State v. Hunter, 33,066 (La. App. 2d Cir. 9/27/00), 768 So. 2d 687, writs denied, 00-3070 (La. 10/26/01), 799 So. 3d 1150, 01-2087 (La. 4/19/02), 813 So. 2d 424.
A reviewing court accords great deference to a jury's decision to accept or reject the testimony of a witness in whole or in part. State v. Gilliam, 36,118 (La. App. 2d Cir. 8/30/02), 827 So. 2d 508, writ denied, State ex rel. Gilliam v. State, 02-3090 (La. 11/14/03), 858 So. 2d 422. The appellate court does not assess the credibility of witnesses or reweigh evidence. State v. Smith, 94-3116 (La. 10/16/95), 661 So. 2d 442.
DISCUSSION
Assignment of Error One: Did the Evidence Adduced at Trial Support Convictions of Vehicular Homicide and First Degree Vehicular Negligent Injuring? (Sufficiency of the Evidence)
Defendant initially argues that the evidence adduced at trial was insufficient to prove, beyond a reasonable doubt, that he was the driver of the vehicle involved in the accident that led to this litigation. In that regard, he argues that a passenger, Paul Dauman ("Dauman"), was the driver. Defendant further argues that Dauman's testimony against him was not credible and, there
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