 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Barnes4/16/2004
The defendant, Daniel Barnes, appeals his conviction, after a jury trial in the Superior Court (McHugh, J.), on one count of driving after certification as a habitual offender, see RSA 262:23 (1993) (amended 2000, 2001, 2003). We vacate and remand.
The record supports the following facts. On March 3, 1999, two men, apparently intoxicated, attempted to buy beer at a convenience store in Seabrook and were refused service. Thereafter, they indicated that they would drive to another convenience store in Seabrook. As they drove away, the clerk called the Seabrook Police Department and reported that two intoxicated men were driving in a black pickup truck to the other Seabrook convenience store. The clerk also reported that the man wearing a black or red baseball hat got into the driver's side of the truck, that the other man got into the passenger's side and that he did not see anyone else in the truck.
Officer Allen of the Seabrook Police Department received a dispatch about this incident and went to the second convenience store to investigate. Moments after he arrived, he saw a black pickup truck drive into the parking lot and park in front of the store. He witnessed the defendant, who was wearing a black baseball hat, get out of the driver's side of the truck and another man, David Belanger, get out of the passenger's side. He did not see anyone else in the truck. When the two men entered the store, he drove his cruiser behind the truck and parked.
Officer Cawley of the Seabrook Police Department also received a dispatch and went to the store. As he drove his cruiser behind the store, he heard Officer Allen report on his police radio that he had located the truck and that two individuals had alighted from it and entered the store.
The two officers entered the store and asked the defendant and Belanger for their licenses. Belanger said that he did not have a license and that he was not driving. The defendant stated that he did not have his license with him. According to the officers, he did not deny driving or indicate that anyone else was driving. Officer Cawley, after obtaining the defendant's date of birth and social security number, ran a license check and learned that he was a habitual offender in New Hampshire.
Detective Granlund also received a dispatch and arrived at the store while Officers Allen and Cawley were questioning the defendant and Belanger. He and Officer Allen subsequently talked with the defendant outside the store. According to Detective Granlund, the defendant attempted to explain why he did not have his license with him, but did not deny driving the truck or indicate that anyone else was driving.
The defendant was arrested and later indicted on one count of driving after certification as a habitual offender. The defendant pled guilty, but subsequently moved to withdraw his plea. After a hearing at which he denied driving the truck on the day and night in question, the court granted the motion. Following a jury trial, the defendant was convicted on one count of driving after certification as a habitual offender. This appeal followed.
The defendant contends that the trial court erred by: (1) allowing the State to impeach him at trial with testimony he gave at his plea withdrawal hearing; and (2) denying his motion to compel the State to produce certain computer records.
In support of his first argument, the defendant asserts that New Hampshire Rule of Evidence 410 "precludes the impeachment use of statements related to a withdrawn guilty plea." The State argues that the rule "was not meant to preclude [it] from introducing factual statements made by a defendant at a plea withdrawal hearing because to do so would not
Page 1 2 3 4 New Hampshire DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|