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State v. Carter4/5/2005
Submitted on Briefs: December 8, 2004
Zane Carter (Carter) appeals from the judgment entered by the District Court of the Eighth Judicial District, Cascade County, on a jury verdict finding him guilty of the offense of driving while under the influence of alcohol (DUI). We affirm.
On appeal, we address the following issues:
1. Is Carter's appeal properly before this Court?
2. In a criminal trial for DUI, is the Sixth Amendment right to confront witnesses implicated when the State introduces a certification report for a breath analysis instrument without also providing the author of the report for cross-examination?
FACTUAL AND PROCEDURAL BACKGROUND
Carter was driving through Great Falls on May 14, 2002, when he was pulled over by Officer Michael Reddick of the Montana Highway Patrol. Officer Reddick stopped Carter after seeing him drive recklessly near a group of pedestrians. When Carter exited his vehicle, Officer Reddick noticed the odor of alcohol on him. Because Reddick was about to go off duty, he turned the matter over to Officer Robert Armstrong of the Montana Highway Patrol, who had also observed Carter's reckless driving. Armstrong also noticed the smell of alcohol on Carter.
Carter was arrested after he failed the field sobriety tests administered by Officer Armstrong. Carter consented to a breath alcohol test, which was administered with the Intoxilizer 5000. The test registered a result of .210. Carter was charged with one count of misdemeanor DUI, one count of misdemeanor failure to carry proof of liability insurance, and one count of misdemeanor driving with a suspended license. After a jury trial in Cascade County Justice Court on July 23, 2002, Carter was convicted on all three counts. Carter appealed to the District Court. Subsequently, the charge of driving with a suspended license was dismissed.
At Carter's District Court jury trial on May 29, 2003, the State introduced three certification reports in order to demonstrate that the Intoxilizer 5000 was working properly when it was used to test Carter. First, the State introduced two weekly field certification reports. One was prepared by Deputy Troy Leasure, of the Cascade County Sheriff's Department. The other was prepared by Deputy Kenneth Wienheimer, also of the Cascade County Sheriff's Department. Then, the State introduced the yearly certification report prepared by Benny Better of the Montana State Crime Lab. After testifying that he was the senior operator for the Intoxilizer 5000, Deputy Leasure testified that each of these reports indicated that the machine had tested within the acceptable range for certification.
Carter objected to the admission of the weekly field certification report prepared by Deputy Wienheimer, arguing that it was hearsay because Wienheimer was not present to testify. Carter also objected to the admission of the yearly certification report prepared by the Montana State Crime Lab, arguing that it was hearsay because the author was not present to testify. Finally, Carter objected to the admission of the Montana State Crime Lab report on the grounds that the State had failed to provide the necessary foundation. In support of this objection, Carter argued the State needed to demonstrate that the author fully understood the inner workings of the Intoxilizer 5000. The District Court admitted both reports over Carter's objections.
Carter was convicted of misdemeanor DUI and misdemeanor failure to carry proof of liability insurance. Carter appeals his DUI conviction and requests a new trial on the grounds that the admission of the weekly and yearly certification reports i
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