Padilla v. State, 020520 AKCA, A-12992

Docket Nº:A-12992
Opinion Judge:HARBISON JUDGE.
Party Name:DEBORAH ANN PADILLA, Appellant, v. STATE OF ALASKA, Appellee.
Attorney:Kenneth L. Covell, Law Office of Kenneth L. Covell, Fairbanks, for the Appellant. Patricia L. Haines, Assistant Attorney General, Office of Criminal Appeals, Anchorage, and Kevin G. Clarkson, Attorney General, Juneau, for the Appellee.
Judge Panel:Before: Allard, Chief Judge, and Wollenberg and Harbison, Judges.
Case Date:February 05, 2020
Court:Court of Appeals of Alaska
 
FREE EXCERPT

DEBORAH ANN PADILLA, Appellant,

v.

STATE OF ALASKA, Appellee.

No. A-12992

Court of Appeals of Alaska

February 5, 2020

UNPUBLISHED See Alaska Appellate Rule 214(d)

Appeal from the District Court, Fourth Judicial District, Trial Court No. 4FA-16-01426 CR Fairbanks, Ben A. Seekins, Judge.

Kenneth L. Covell, Law Office of Kenneth L. Covell, Fairbanks, for the Appellant.

Patricia L. Haines, Assistant Attorney General, Office of Criminal Appeals, Anchorage, and Kevin G. Clarkson, Attorney General, Juneau, for the Appellee.

Before: Allard, Chief Judge, and Wollenberg and Harbison, Judges.

MEMORANDUM OPINION

HARBISON JUDGE.

Following a jury trial, Deborah Ann Padilla was convicted of driving under the influence.1 Padilla appeals her conviction, arguing that a comment by the trial judge during her attorney's closing argument deprived her of a fair trial. For the reasons we explain in this opinion, we conclude that the judge's remark properly corrected an argument that was contrary to established law and did not deprive Padilla of a fair trial.

An important part of the State's case against Padilla was the breath test result showing that her breath alcohol concentration was over the legal limit. During the trial, the State offered two verification of calibration reports to establish that the breath test instrument was calibrated as required by the controlling regulation, 13 AAC 63.100(c).

Each of the verification of calibration reports included a sworn statement by the Scientific Director of the State Breath Alcohol Program. This statement read: (1) I am a Forensic Scientist IV at the State of Alaska Scientific Crime Detection Laboratory.

(2) The Alaska Scientific Crime Detection Laboratory is an entity within the Department of Public Safety.

(3) I am the Scientific Director of the State Breath Alcohol Program.

(4) In that capacity, I am responsible for overseeing the Breath Alcohol Program, which includes assuring that instruments are calibrated and maintaining program records.

(5) The above is a true and accurate verification of calibration, which is performed by the...

To continue reading

FREE SIGN UP