 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Boettiger11/12/2004
te argues that Boettiger makes no assertions that he was prejudiced or surprised as a result of Officer Armstrong's testimony. This is especially true, the State argues, because Boettiger knew that the State would call Officer Armstrong as a witness. We agree.
Upon objection from Boettiger's counsel, the District Court noted the following with regard to the State's request to call Officer Armstrong to the stand:
THE COURT: Well, this is an appeal from Justice Court, and this is the officer that signed the ticket, so I don't think that there's really any issue as to whether or not the defense didn't have notice that this witnesses was going to testify in this matter.
We noted in State v. Sol (1997), 282 Mont. 69, 936 P.2d 307, that, upon a challenge similar to Boettiger's here, the defendant, Sol, was "unable to demonstrate that he suffered prejudice or surprise as a result of the State's alleged discovery violations." Sol , 282 Mont. at 79, 936 P.2d at 313. Sol was unable to demonstrate prejudice or surprise given that he was aware of the test results at issue, as those test results had been received as testimony previously at two separate hearings. Sol , 282 Mont. at 79, 936 P.2d at 313.
Section 46-15-322(1)(a), MCA, states:
Upon request, the prosecutor shall make available to the defendant for examination and reproduction the following material and information within the prosecutor's possession or control:
(a) the names, addresses, and statements of all persons whom the prosecutor may call as witnesses in the case in chief[.]
Here, Officer Armstrong--the arresting officer--testified at Boettiger's bench trial in Justice Court regarding Boettiger's actions on the day in question. From the disposition of this bench trial, Boettiger appealed to the District Court. At that trial, Boettiger objected to the admission of Officer Armstrong's testimony, because Officer Armstrong was not listed as a potential witness. When the District Court overruled Boettiger's objection, counsel for Boettiger thereafter subjected Officer Armstrong to an extensive cross examination.
We do not condone the State's failure to provide Boettiger with the name of Officer Armstrong as a potential witness. However, as in Sol , Boettiger does not demonstrate that he was prejudiced as a result of the admission of Officer Armstrong's testimony. Boettiger knew about what Officer Armstrong would testify, since Officer Armstrong testified at Boettiger's bench trial in Justice Court. Boettiger merely concludes, without more, that because he was not provided Officer Armstrong's name as a potential witness, as required by statute, he is therefore entitled to a new trial.
We must disregard any error, defect, irregularity, or variance that does not affect the accused's substantive rights. Section 46-20-701(2), MCA. Boettiger has failed to meet this standard of proof. Accordingly, we hold that the District Court did not abuse its discretion in admitting Officer Armstrong's testimony.
Affirmed.
Page 1 2 Montana DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|