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State v. Bourgeois3/14/2001
nd defendant refused field sobriety and breath-alcohol tests. Further, defendant initially admitted to Trooper Galmiche that he had consumed alcohol prior to the accident.
As noted, defendant's testimony conflicted with the two other witnesses who testified at trial. Defendant testified that he had not been drinking alcohol prior to the accident and that he had equilibrium and hearing problems which led Ms. Mouton and Trooper Galmiche to believe he was alcohol-impaired.
Where there is conflicting testimony as to factual matters, the question of the credibility of the witnesses is within the sound discretion of the trier of fact, who may accept or reject, in whole or in part, the testimony of any witness. The credibility of witnesses will not be reweighed on appeal. State v. Rowan, 97-0021 (La.App. 5 Cir.4/29/97), 694 So.2d 1052, 1056. Further, the Jackson standard does not serve as a vehicle for a reviewing court to second guess the rational credibility determinations of the fact finder at trial. State v. Juluke, 98-0341 (La.1/8/99), 725 So.2d 1291, 1293.
In the matter before us, after considering the credibility of the witnesses and weighing the evidence, the trial court accepted the testimony of Trooper Galmiche and Brandy Mouton and rejected defendant's testimony that he had not been drinking alcohol that morning. Based on the foregoing, and upon viewing the evidence in the light most favorable to the prosecution, we find that any rational trier of fact could have found that the state proved all of the essential elements of the crime beyond a reasonable doubt. Therefore, defendant's second assignment of error lacks merit.
In his third and fourth assignments of error, defendant complains that the trial court erred in overruling his objection to the state's re-direct examination of Trooper Galmiche, and that the trial court erred by improperly taking judicial notice of venue. These two assignments address a portion of the re-direct examination of Trooper Galmiche when the state asked the trooper to identify the specific parish where the accident took place. Defense counsel objected, and Trooper Galmiche was allowed to testify that the accident took place in Jefferson Parish. Thereafter, the trial court stated that it "can take judicial notice of the streets anyway."
We are not persuaded by defendant's arguments in his final two assignments of error. Upon review of the trial transcript, we find that the re-direct examination concerning the location of the accident was properly allowed by the trial court, as Trooper Galmiche testified in response to a question on cross-examination that Ms. Mouton's car was "on Meadowcrest Boulevard, and Mr. Bourgeois' truck was on the shoulder on an angle coming off Louisiana 23."
We further find that the trial court acted within the discretion granted by La. C.E. 611(A) in allowing the re-direct questions. The scope of re-direct examination of a witness is governed by La. C.E. 611(D), which states:
A witness who has been cross-examined is subject to redirect examination as to matters covered on cross-examination and, in the discretion of the court, as to other matters in the case. When the court has allowed a party to bring out new matter on redirect, the other parties shall be provided an opportunity to recross on such matters.
Redirect examination must be confined to the subject matter of the cross-examination and to the explanation of statements elicited on cross-examination; but the application of this rule is within the discretion of the trial court, provided that the opportunity be not denied to recross on the new matter brought out on redirect. State v. Billiot, 94-2419 (L
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