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State v. Crenshaw4/6/2005
criminalist, testified about his analysis of Defendant's blood. The result was a 0.23 concentration of alcohol.
Mr. Batts also examined the drawings prepared by the accident reconstruction officers. He determined that Defendant's vehicle was traveling at 80 to 85 m.p.h. at the point of impact.
Dr. Lynn Lloyd, a pediatric intensive care physician, testified that she treated Ashley Taylor. The child sustained numerous injuries, including facial fractures, a broken jaw, a liver laceration, two broken bones on her left arm and an injury to her spine. In sum, she spent 15 days in the hospital.
Defendant, who testified against the advice of counsel, told the jury that, on the day of the accident, the car he was driving belonged to a business associate. He testified to consuming four to six double vodka drinks and three Mind Erasers before leaving the bar. He corroborated that he had too much to drink and fell off his bar stool. Defendant stated that he met Dauman for the first time that night and further acknowledged that he had prior DWI offenses. He testified to having no memory of what happened from the time he fell off the bar stool until he was sitting on the curb after the collision. Defendant further testified that he did not know who was driving at the time of the wreck, but all the witnesses who said they saw him in the driver's seat were either lying or mistaken. The defense then rested and there was no rebuttal. Given the foregoing testimony, the State argues that the jury had ample evidence from which they could conclude that Defendant was the driver. Accordingly, it contends that the convictions and sentences should be upheld. We agree.
The only element at issue here is whether Defendant was the driver of the white car involved in the accident. Even assuming that the trial court's consideration of Dauman's testimony was misplaced, the testimony of every other witness developed at trial uniformly points to Defendant as the driver of the white car. Given the standard of review stated in Jackson, supra, the evidence, viewed in the light most favorable to the prosecution, is sufficient to prove beyond a reasonable doubt that Defendant was the driver of the fatal vehicle. For these reasons, we reject Defendant's first assignment of error.
Assignment of Error Two: Were the Consecutive Sentences Imposed Harsh and Excessive Under the Facts and Circumstances of the Case?
Defendant next argues that the trial court erred by imposing maximum sentences for the offenses and by ordering them to be served consecutively. Defendant reasons that, as a first-felony offender, he does not deserve maximum sentences. Defendant also complains that the trial court did not articulate any reasons for ordering the sentences consecutively. The State argues, by way of contrast, that Defendant has a record of continued alcohol abuse and his refusal to reform makes him a "menace to society." Accordingly, it argues that the trial court was justified in imposing maximum sentences on the Defendant.
The test imposed by the reviewing court in determining the excessiveness of a sentence is two-pronged. First, the record must show that the trial court took cognizance of the criteria set forth in La. C. Cr. P. art. 894.1. The trial judge is not required to list every aggravating or mitigating circumstance so long as the record reflects that he adequately considered the guidelines of the article. State v. Smith, 433 So. 2d 688 (La. 1983); State v. Dunn, 30,767 (La. App. 2d Cir. 6/24/98), 715 So. 2d 641. The articulation of the factual basis for a sentence is the goal of La. C. Cr. P. art. 894.1, not rigid or mechanical compliance with its provisions. Where the r
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