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State v. Brockman12/4/2001
(not designated for permanent publication)
Appeal from the District Court for Douglas County, Mary G. Likes, Judge, on appeal thereto from the County Court for Douglas County, Samuel V. Cooper, Judge. Judgment of District Court affirmed.
I. INTRODUCTION
Jeana M. Brockman appeals from the Douglas County District Court's affirmance of the Douglas County Court's judgment convicting her of driving under the influence of alcohol or other drugs, leaving the scene of an accident, colliding with a fixed object, and willful reckless driving. She also appeals from the district court's affirmance of the county court's imposition of sentences thereupon. For the reasons discussed below, we affirm.
II. STATEMENT OF FACTS
On January 13, 2000, at approximately 6:30 p.m., Brockman was involved in a motor vehicle accident near 144th and Dodge Streets in Omaha, Douglas County, Nebraska. Brockman was charged with driving under the influence , leaving the scene of an accident, colliding with a fixed object, and willful reckless driving.
On May 22, 2001, a bench trial was held before the Douglas County Court. Testifying for the State were Rachel Pichik, Joanne Wilhelm, Richmond Sanderson, Richard Wilhelm, and David Wintle. Officer Michael Douglas was the sole witness for the defense.
Pichik testified that on January 13, 2000, she was traveling westbound on Dodge Street from the intersection of 132d and Dodge Streets when her vehicle almost rear ended a truck that was stopped in the middle of traffic which was otherwise driving 55 m.p.h. She drove behind the truck from 132d Street to 144th Street. According to Pichik, the truck was "swerving off to the curb of the road and then again a lot of the jolting and the stopping and the screeching of the brakes." Pichik followed the truck when it exited Dodge Street at 144th Street, at which time she saw the truck rear end a car. Pichik saw Brockman exit the truck from the driver's-side door and walk toward the car that she had rear ended. Although Pichik never saw Brockman speak to the other driver, she saw Brockman leave the scene of the accident. Pichik stated that at 144th and Hamilton Streets, Brockman pulled the truck alongside Pichik's vehicle and they exchanged words. Once the traffic light at that intersection turned green, Pichik proceeded straight and Brockman made a left turn.
Joanne Wilhelm testified that a little after 6:30 p.m. on January 13, 2000, she was sitting at her kitchen table at home, talking with her brother Sanderson. She testified that Sanderson answered the door in response to Brockman's pounding thereon and ringing the doorbell. Upon Sanderson's opening the door, Brockman burst into the home, asking for protection from someone who was trying to catch her. Brockman ran down into the basement level of the home and was found in the dark in Richard Wilhelm's (Joanne Wilhelm's husband's) office, trying unsuccessfully to use the telephone. Brockman then ran to the back of the office and lay down on the floor under some chairs. Joanne Wilhelm testified that when she asked Brockman what was wrong, Brockman replied, "I can't let them find me. I can't be arrested. I'm a law student. I want you take me home." When Joanne Wilhelm then asked Brockman who was chasing her, Brockman replied, "the police."
Joanne Wilhelm testified without objection that she thought Brockman was drunk. She described Brockman as lying on the sofa in a fetal position, being unable to stand or sit, needing to hang onto things, incoherent, agitated, and being without balance during the entire 20 minutes Brockman was in the Wilhelms' home. She stated that Brockman's speech was slurred
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