 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Steen8/18/2000
near Foster's body were similar to the tire track width of Steen's father's pickup. Steen testified he drove the pickup 40 to 45 miles per hour and told his girlfriend he thought he ran over Foster "but didn't know for sure . . . ." Steen told his girlfriend he saw no other vehicles on the road and testified Foster was gasping when he found him on the road. The pathologist testified Foster would have died within three minutes from when his heart was ruptured. This evidence is sufficient to establish Steen ran over Foster with the pickup. Under N.D.C.C. § 39-08-06, Steen was required to provide the driver's name and address and the registration number of the vehicle. Yet, at the scene of the accident, Steen did not acknowledge during discussions with law enforcement and ambulance personnel that he was the driver of the vehicle which struck Foster. A highway patrol officer testified Steen denied driving his father's pickup to where the body was located.
[ ] We conclude the evidence is sufficient to support the jury's verdict finding Steen guilty of leaving the scene of an accident involving death or personal injury . See State v. Engel, 289 N.W.2d 204, 210-11 (N.D. 1980); State v. Manning, 148 N.W.2d 818, 820 (N.D. 1967). Steen has not shown plain error affecting substantial rights.
IV.
[ ] Steen argues this case should be remanded for resentencing because the trial court violated N.D.R.Crim.P. 32(c)(4)(E) by failing to make a finding on controverted information in the presentence investigation report or state that it would not be considered in sentencing.
[ ] The presentence investigation report contained comments, designated as " ollateral information," from Steen's ex-wife, Stacey Myers. Myers reported that Steen's drinking was a "major factor" in their divorce , related several incidents about his violent conduct when he drinks, and claimed he does not provide adequate care for their daughter when he exercises visitation. After reviewing the presentence investigation report, Steen's attorney objected to Myers' comments and opinions in a letter to the trial court. In the letter, the attorney informed the court he was attending a fourth order to show cause hearing to attempt to enforce Steen's visitation rights and related Steen's version of incidents surrounding the divorce. The attorney said " o place any reliance on the statements of [Myers] would be giving credence to a person whose credibility is questionable and bias evident. " (Emphasis in original). At the sentencing hearing, Steen's attorney again objected to the court's consideration of Myers' comments, characterized them as "lies," and argued she had interjected herself in the case to attempt to terminate Steen's parental rights to his daughter.
[ ] Before pronouncing sentence, the trial court said: s to the presentence investigation report - and I believe it's even stated in here that the information was provided to parole and probation from Ms. Myers, was collateral information. Obviously, when parole and probation do these reports, they're looking for what they feel is any relevant information for the Court to consider.
And you know, I don't . . . know a lot of the history behind Ms. Myers and Mr. Steen, but obviously, if parole and probation thought that it was important information, they include it. And I'm not going to go back and revisit their divorce and their family situation here, but I do think if it's something that's presented in the presentence investigation report, obviously, the parole and probation looked at it and thought it was relevant for sentencing concerns.
So, to address your issue, Mr. Thomas, in regards to that, you know, it's in there, and
Page 1 2 3 4 5 6 7 North Dakota DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|