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State v. Peplow12/10/2001
APPEAL FROM: District Court of the Twenty-First Judicial District. In and for the County of Ravalli, The Honorable Jeffrey H. Langton, Judge presiding.
Submitted on Briefs: May 10, 2001
On May 25, 1999, a jury convicted Perry Peplow (Peplow) of five criminal offenses: driving under the influence of alcohol; driving with a suspended or revoked license; operating a motor vehicle without liability insurance; failing to report an accident involving property damage; and tampering with or fabricating physical evidence. Prior to the jury trial, Peplow sought to tender pleas of guilty on two of the five counts. The District Court ruled it was not required to accept them and proceeded to trial on all five counts. At the close of the State's case, Peplow made a motion for a directed verdict on the tampering with evidence count, which the District Court denied. Peplow appeals these two District Court rulings. We reverse.
We address the following issues:
1. Whether consuming alcohol after a vehicle accident constitutes the crime of tampering with physical evidence under § 45-7-207, MCA;
2. Whether the District Court erred when it refused to accept Peplow's guilty pleas on two of the five counts against him; and
3. If the answer to Issue 2 is yes, did the error prejudice Peplow?
FACTUAL BACKGROUND
On November 18, 1998, at around 5:30 p.m., Peplow went to the Rustic Hut bar in Florence, Montana. Witnesses were unsure what Peplow had to drink at the Rustic Hut. While at the bar, Peplow and two friends decided to have dinner. There was conflicting testimony as to what Peplow drank at dinner; one witness testified Peplow drank milk, while another indicated he had an alcoholic beverage. After dinner, Peplow drove to a friend's house on Upper Woodchuck Road. Peplow had at least one drink at his friend's house and around 8:30 p.m., proceeded to drive toward his home located behind the Rustic Hut.
As Peplow was driving home and approaching a curve in the road, his truck went off the road into a field. His truck hit several fences and an irrigation vent, causing over $600.00 worth of damage. According to Peplow, he went off the road when he reached for a cigarette lighter that he had dropped on the floorboard. Peplow testified he injured his neck and head in the accident.
Following the accident, Peplow left his truck and began walking toward Florence. Around 9:00 p.m., Pastor Michael Metzger (Michael) and his wife, Deborah saw Peplow who, according to Michael, was having difficulty walking. Michael passed Peplow, but once he saw the truck off the side of the road, with its radiator steaming, he backed his vehicle up to where Peplow was walking in order to check on his condition. Upon reaching Peplow, Michael rolled down his window and asked Peplow if he was alright. Michael observed Peplow stagger and then reach towards Michael's arm in an effort to balance himself. Peplow missed Michael's arm and then grabbed for it again. Peplow answered that he was fine, and Michael observed Peplow's speech was slurred, but that he did not appear to be injured. Deborah testified Peplow's speech was very slow, very deliberate and calculated. Both Michael and Deborah testified they thought Peplow was intoxicated. At 9:11 p.m., Michael called 911, to report the accident. He described the vehicle, its license plate and his encounter with Peplow.
As Peplow continued walking to his residence, he was picked up and given a ride to his home. According to Peplow, he was hurting from the accident so he drank three double shots of whiskey and then walked his dog. At approximately 9:30 p.m., Peplow went to
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