Patterson v. State
| Decision Date | 18 August 1987 |
| Docket Number | 3 Div. 623 |
| Parties | Ronald PATTERSON v. STATE. |
| Court | Alabama Court of Criminal Appeals |
Tom Payne, Montgomery, for appellant.
Don Siegelman, Atty. Gen., and Cecil G. Brendle, Jr., Asst. Atty. Gen., for appellee.
The appellant, Ronald Patterson, was found guilty of murder, in violation of § 13A-6-2, Code of Alabama (1975), and was sentenced to 25 years in the State penitentiary and ordered to pay $7,090 restitution to the victim's parents.
Brenda Ann Acosta testified that on April 7, 1986 she was involved in an accident in Montgomery while traveling from Florida to Atlanta. She observed a vehicle crossing the median which became airborne before hitting the pavement on the other side of the highway. Acosta testified that when she realized the vehicle was going to hit her car, she applied the brakes. The front right section of her automobile hit the rear of the other car and caused it to turn. Acosta described the other automobile as "a large Oldsmobile Pontiac [sic]." She further testified that the other vehicle was traveling at approximately 55 to 70 miles per hour. She testified that after her car had stopped, she got out of the vehicle and observed that the driver of the car which had crossed the median was conscious and that people were attending him. She observed the driver of a third car "draped forward in the car." That driver was being attended by a nurse, who informed Acosta that the driver was dead. Therefore, she approached the other car in order to render assistance.
She further testified that after a man finally succeeded in opening the door of the vehicle, Acosta climbed in and stabilized the appellant's neck. Acosta identified the appellant as the man who was driving the car which crossed the intersection. Acosta testified that there were a number of items on the floorboard of the appellant's automobile, including a bottle.
William E. Knight testified that on April 7, 1986, he observed a car "coming straight across the median and it plowed into two other cars right in front of [him]." Knight testified that he estimated the appellant's vehicle to be traveling at approximately 50 to 60 miles per hour. He observed the car cross the median, and he stated that the vehicle did not appear to be braking. He further testified that he observed the appellant's vehicle become airborne just prior to striking the first vehicle. He then observed the first vehicle apply its brakes, whereupon the appellant's vehicle hit the smaller car. Knight testified that he stopped his vehicle and approached the cars to determine whether he could help anyone. He approached the appellant's vehicle (in court he identified the appellant as the driver of the vehicle) and was unable to open the door of his vehicle. He then noted that Acosta was uninjured and out of her car. He approached the smaller vehicle, but the doors to that car were also jammed. He walked back to the appellant's vehicle and attempted to speak to the appellant through the window on the driver's side. He testified that the appellant's speech was slurred and that he did not appear to be in control of his mental faculties. Appellant repeatedly asked for a cigarette and reached for a bag lying on the passenger's side of the floorboard.
Marilyn Dean, a nurse with the State Board of Mental Health, testified that on April 7, 1986, she observed the appellant's vehicle cross the median, hit a car, bounce off of that car and hit another vehicle on its driver's side. She further testified that there was no car near the appellant's vehicle, that could have forced it into the median. Dean testified that she first approached the appellant's vehicle and asked if he was all right. He responded that his back was hurting. She then approached the victim's automobile and saw that she was bleeding profusely. She testified that she could not find a pulse initially, but subsequently found "a very faint" one. The victim's breathing was "ragged like she couldn't get her breath at all." Dean testified that the victim was bleeding from her nose, mouth, and head, and that she could not stop the bleeding.
Arnetta Reese, of the Montgomery Police Department, testified that she was called to the scene of the collision on April 7, 1986. She testified that the appellant informed her, while still at the scene, that a car had changed lanes suddenly and hit him, causing him to lose control of his vehicle. He further stated that the other vehicle continued on. Reese testified that she retrieved a bottle of Thunderbird wine in a paper bag from the floorboard of the appellant's vehicle.
Beth Green, an emergency medical technician, testified that she transported appellant to the hospital on April 7, 1986. She testified that the appellant smelled of alcohol. Laura Shelvin, a toxicologist with the Alabama Department of Forensic Sciences, testified that the appellant's blood alcohol level was 0.3 percent.
Investigator M.J. Bush, an accident investigator with the Montgomery Police Department, testified that he was called to the scene of the accident in order to process the scene, gather evidence, and assist in obtaining blood samples and taking statements concerning the accident. Bush testified that as he approached appellant's vehicle, he detected the odor of alcoholic beverages. Thereafter, he followed the ambulance that took the appellant to the hospital, in order to obtain a blood sample from the appellant. Bush read the appellant his Miranda rights at the hospital, and the appellant replied that he understood his rights and would talk to Investigator Bush. The appellant told Bush that a car had hit him from the rear, causing him to lose control of his vehicle and cross the median. The appellant then agreed to sign an alcohol consent form in order to get a sample of his blood. After he signed the form, a nurse and Investigator Bush approached the appellant in order to draw the blood. The appellant took the form, "wadded it up," and stated that he would not give blood. Bush telephoned police headquarters in order to get a court order for the blood sample. Bush further testified that the appellant was in his custody and was not allowed to leave the hospital until the court order arrived. After Investigator Bush was presented with the court order, he again read the appellant his Miranda rights. A sample of blood was then taken from appellant. Several days later, the appellant gave the police a statement in the presence of his attorney, after again having been advised of his Miranda rights.
The appellant testified that on the evening prior to the wreck, which had occurred at approximately 1:50 p.m., the appellant began drinking Thunderbird wine. He continued drinking on Monday morning and slept very little. He left for work shortly after 1:00 p.m. He stated that on the way to work, he "heard a loud bang and felt it." His car was knocked sideways and although he recalled fighting for control of his vehicle, he could not remember traveling over the median. The appellant testified on cross-examination that from 6:00 p.m. on the evening prior to the accident until 6:00 a.m. on the morning of the accident, he consumed approximately three bottles of wine.
The appellant argues that the trial court erred in admitting the testimony of Brenda Acosta as to her observations concerning the appellant's appearance at the scene of the crime. The following transpired at trial:
Acosta had previously testified that on several occasions she had observed persons when they had had "more to drink than they should have had." She further testified that she spent some time in the appellant's vehicle with him, talking to him and observing him.
Renfroe v. State, 382 So.2d 627, 631 (Ala.Cr.App.), cert. denied, Ex parte Renfroe, 382 So.2d 632 (Ala.1980) ().
Police officers were allowed to testify in Beard v. State, 337 So.2d 1372 (Ala.Cr.App.1976), that the appellant "appeared rational, spoke clearly and distinctly and appeared mad." This court in holding that a non-expert witness may state his opinion on the appearance of the appellant, stated:
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