McGuire v. State, A--17859
| Decision Date | 27 December 1972 |
| Docket Number | No. A--17859,A--17859 |
| Parties | Larry Wayne McGUIRE, Appellant, v. The STATE of Oklahoma, Appellee. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Appellant, Larry Wayne McGuire, hereinafter referred to as defendant, was charged, tried and convicted in the District Court of McIntosh County for the offenses of Driving While Under the Influence of Intoxicating Liquor and Transporting an Open Container of Liquor. His punishment was fixed at one hundred eighty (180) days in the County Jail and a fine of Two Hundred Fifty Dollars ($250.00) on the first charge and thirty (30) days in the County Jail and a fine of Fifty Dollars ($50.00) on the second charge. From said judgments and sentences, a timely appeal has been perfected to this Court.
Because of the proposition asserted, we do not deem it necessary to recite a detailed statement of facts. The cases were consolidated for trial and the evidence of the State adduced that on the 28th day of December 1971, two Eufaula Police Officers observed the defendant driving his station wagon in a reckless manner. Upon stopping the defendant, they observed that he was intoxicated and found an open container of liquor in his boot. The defendant consented to take a blood test and was taken to a nursing home where a licensed practical nurse drew a sample of blood from him. The blood sample was sent to the Oklahoma State Bureau of Investigation whereupon a chemical analysis of the blood sample was conducted. The State chemist testified that the blood alcohol content was .17.
For the defense, several members of the defendant's immediate family testified that the defendant was not intoxicated and was not driving recklessly. The defendant testified that he drank two beers and that the bottle found in his boot had not been opened when found by the police officers. The defendant admitted 'probably twenty' convictions of which fourteen or fifteen involved drinking offenses.
The sole proposition asserts that the trial court erred in not sustaining defendant's motion to suppress the evidence of the blood test. Under this proposition, defendant argues that the person who drew the blood from his arm was a licensed practical nurse and was therefore not a qualified person under the provisions of 47 O.S., § 752. W...
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State v. Stein, S-91-441
...was a "qualified person" to withdraw blood sample to be used to determine defendant's blood alcohol concentration); McGuire v. State, 504 P.2d 1247 (Okla.Crim.App.1972) (practical nurse with 28 months of training, which included the taking of blood samples, was "qualified technician" for pu......
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Greaves v. North Dakota State Highway Com'r, 880151
...court remanded in order to have the trial court determine if the laboratory assistant was competent to withdraw blood.] McGuire v. State, 504 P.2d 1247 (Okla.1972) [nurse had 28 months of training which included the taking of blood samples; court said person with this training and experienc......