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State v. Streckfuss6/21/2005
Gen. Stat. § 8C-1, Rule 402 (2003). "Evidence is relevant if it has any logical tendency, however slight, to prove a fact in issue. In criminal cases, everycircumstance that is calculated to throw any light upon the supposed crime is admissible. The weight of such evidence is for the jury." State v. Smith, 357 N.C. 604, 613-14, 588 S.E.2d 453, 460 (2003) (internal quotes and citations omitted), cert. denied, ___ U.S. ___, 159 L.Ed. 2d 819 (2004). A trial court must determine if the proposed evidence has "any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence." N.C. Gen. Stat. § 8C-1, Rule 401 (2003). " trial court's rulings on relevancy . . . are not discretionary and therefore are not reviewed under the abuse of discretion standard[.]" State v. Wallace, 104 N.C. App. 498, 502, 410 S.E.2d 226, 228 (1991), disc. review denied, 331 N.C. 290, 416 S.E.2d 398 (1992). Nevertheless, "such rulings are given great deference on appeal." Id.
At trial, the trial court allowed defendant to conduct a voir dire hearing outside the jury's presence to assess Deputy Goodwin's training and qualifications in administering field sobriety tests. Following the voir dire, the trial court concluded:
[Deputy Goodwin] cannot testify that he administered standardized field sobriety tests. The officer may testify what he asked the defendant to do and what the defendant did in response thereto. The defense is free to cross-examine [Deputy Goodwin] at will with regard to that testimony, and if the defense chooses, may cross-examine him with regard to the standardized test, so forth as you choose.
The trial court stated that Deputy Goodwin could not testify that he believed defendant to be impaired because defendant failed thetests; however, he could testify that he formed an opinion that defendant was impaired when Deputy Goodwin asked defendant to stand on one leg and defendant started to hop and then fell over. In other words, Deputy Goodwin was permitted to testify as a lay witness, rather than as an expert.
" lay person may give his opinion as to whether a person is intoxicated so long as that opinion is based on the witness's personal observation." State v. Rich, 351 N.C. 386, 398, 527 S.E.2d 299, 306 (2000) (citing State v. Lindley, 286 N.C. 255, 258, 210 S.E.2d 207, 209 (1974)). In the present case, Deputy Goodwin only testified that, based on his personal observations, he formed an opinion that defendant was impaired. Evidence that defendant was impaired is relevant to the issue of whether defendant was driving while impaired. Therefore, the trial court did not err in admitting Deputy Goodwin's testimony about defendant's field sobriety tests.
No error.
Judges TYSON and GEER concur.
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