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State v. Hutchings11/28/2003
en as a whole, fairly tender the case to the jury [even where] one or more of the instructions, standing alone, are not as full or accurate as they might have been." State v. Hobbs, 2003 UT App 27, 31, 64 P.3d 1218 (alteration in original) (quotations and citations omitted), cert. denied, 72 P.3d 685 (Utah 2003).
These other jury instructions, including the instruction that listed the elements of the charged offense, informed the jury that the State must prove each element of the crime charged "beyond a reasonable doubt." [FN2] Because the jury could have relied upon any or all of the three instructions that mandated the State to prove each element of the offense "beyond a reasonable doubt," Defendant fails to show, in the context of the other jury instructions, a reasonable probability that the challenged instruction affected the outcome of his case.
FN2. Specifically, jury instruction 4 stated "you must find that each of the following essential elements of the crime charged in the Information have been established beyond a reasonable doubt"; jury instruction 12 stated "[a] person charged with a crime is presumed to be innocent until
such person is proved guilty beyond a reasonable doubt," and "[t]he presumption of innocence must continue to prevail in the minds of the jury unless and until the jury is satisfied beyond a reasonable doubt"; and jury instruction 13 stated "the State is required to prove each element of the crime charged against a defendant beyond a reasonable doubt," and "[i]f ... you have a reasonable doubt as to a defendant's guilt, you must acquit that defendant."
Because a reasonable jury could have inferred from the evidence that Defendant was in actual physical control of his vehicle while intoxicated, and because Defendant fails to show how the challenged jury instruction prejudiced his case, we affirm Defendant's conviction for driving under the influence under section 41-6-44.
WE CONCUR: NORMAN H. JACKSON, Presiding Judge, and WILLIAM A. THORNE JR., Judge.
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