People v. Hanggi

• Decision Date: 08 May 1968
• Docket Number: Cr. A
• Citation: 265 Cal.App.2d Supp. 969,70 Cal.Rptr. 540
• Court: California Superior Court
• Parties: 265 Cal.App.2d Supp. 969 PEOPLE of the State of California, Plaintiff and Respondent, v. Harold Leo HANGGI, Defendant and Appellant. 3120. Appellate Department, Superior Court, San Diego County, California

Page 540

70 Cal.Rptr. 540

265 Cal.App.2d Supp. 969

PEOPLE of the State of California, Plaintiff and Respondent, v. Harold Leo HANGGI, Defendant and Appellant.

Cr. A. 3120.

Appellate Department, Superior Court, San Diego County, California.

May 8, 1968.

Stanford & McDonough, by Joseph P. McDonough, San Diego, for defendant and appellant.

James Don Keller, Dist. Atty., by Joseph W. Ruff, Deputy Dist. Atty., for plaintiff and respondent.

Before GLEN, P.J., and TOOTHAKER and CONYERS, JJ.

OPINION

BY THE COURT:

A municipal court jury found defendant guilty of the misdemeanor of driving while under the influence of intoxicating liquor (Vehicle Code § 23102). On this appeal he contends:

1. There was an insufficiency of the evidence to warrant a finding of guilty by the jury;

2. That the extra-judicial statements made by the defendant were admitted into evidence without the establishment of a corpus delicti; and

3. That the court allowed the results of a blood test to be admitted in evidence even though the defendant was not offered a choice of chemical tests under Vehicle Code § 13353.

The Settled Statement on Appeal indicates that defendant was found seated in his automobile, which was located roughly in the center of a street, across both the east and west bound lanes at an angle. Defendant was seated in the driver's seat clutching the steering wheel and apparently unconscious. The engine of the vehicle was running and the headlights were on. No other persons were about. There was a strong odor of alcohol about the person of the defendant. Later at the police station a tape recording was made of conversations with the defendant, a portion of which was played for the jury at the trial, but only for the limited purpose of letting the jury consider the quality of the defendant's voice. During the proceedings at the police station defendant was asked to make a blood test, to which he consented. He was not informed of any option to take any other type of test. Defendant apparently does not contest the fact that he was intoxicated but contends that the evidence was insufficient to establish that he was driving on a public highway in such condition; and, further contends that inasmuch as he was not offered a choice of tests the results of the blood examination should not have been received.

1. The sufficiency of the evidence.

The question as to whether defendant drove the vehicle is a question of fact for the jury (People v. Quarles, 123 Cal.App.2d 1, 266 P.2d 68). On appeal the judgment will be affirmed 'unless the circumstances * * * are such that or no hypothesis is there sufficient evidence to support the verdict * * *.' (People v. Sullivan, 255 A.C.A. 269, 273, 62 Cal.Rptr. 887, 890). An appellate court will assume every fact and inference which the trier of fact could reasonably have deduced from the evidence (People v. Powell, 187 Cal.App.2d 709, 712, 10 Cal.Rptr. 116). Similarly, 'On appeal the evidence and inference must be viewed in a light favorable to see the respondent. * * * To warrant reversal, it must be made clearly to appear that, on no hypothesis, is there sufficient substantial evidence to support the conclusion of the lower court.' (People v. Moseley, 240 Cal.App.2d 859, 863, 50 Cal.Rptr. 67, 69, citing cases.)

From the brief facts set forth above and the authorities stated, we conclude that there was ample evidence from which the jury could have inferred that the defendant had been driving his vehicle on the public highway at a time when he was intoxicated. From the combination of circumstances--defendant's sitting in a vehicle in the center of the street--behind the wheel--engine running--lights on, it can be inferred that defendant must have placed himself in such position, and that he accomplished this by driving the car to the place at which he was found. Defendant suggests various possibilities such as a friend driving the car to the place where found and the defendant thereafter replacing him, but unable to drive further. He also suggests the possibility that defendant had been visiting in the area, had too much to drink, got into the car intending to drive but was unable to go further. It seems unlikely that in either situation the car would have been left parked in the middle of the street, straddling the traffic lanes and facing generally at right angles to the street. Suffice it to say that the jury apparently discarded these possibilities as being unreasonable and adopted the more likely deduction that defendant had driven himself to the area and was then unable to continue.

2. Corpus delicti.

Although it is true that the corpus delicti must be established by evidence other than the declarations or statements of the defendant, it is equally well established that the corpus may be proved by circumstantial evidence and by inferences reasonably drawn therefrom (People v. Mehaffey, 32 Cal.2d 535, 545, 197 P.2d 12). Similarly the prosecution is not required to establish the corpus delicti by proof as clear and convincing as is necessary to establish the fact of guilt, rather slight or prima facie proof is sufficient for such purpose (People v. Mehaffey, supra, at p. 545, 197 P.2d 12).

In the instant case it appears that the portion of the recording which was heard by the jury was received only to demonstrate the quality of defendant's voice. Such use is proper (People v. Young, 224 Cal.App.2d 420, 424, 36 Cal.Rptr. 672). Although it appears that the statements made by defendant contained no admissions or confessions regarding the crime charged, even if such had been included the evidence heretofore set forth was clearly sufficient to establish the corpus.

3. The failure to advise defendant of the options provided under Vehicle Code § 13353.

Defendant contends that the failure of the arresting officer to advise him of a choice of chemical tests 'deprives the defendant of his statutory rights' and that accordingly the results of the test should not have been received in evidence. Although not specifically mentioned in the briefs, it would appear that the broader question as to whether any of defendant's constitutional rights were violated is also in issue.

Vehicle Code § 13353 provides in part:

'(a) Any person who drives a motor vehicle upon a highway shall be deemed to have given his consent to a chemical test of his blood, breath or urine for the purpose of determining the alcoholic content of his blood, * * *. Such person shall be told that his failure to submit to such a chemical test will result in the suspension of his privilege to operate a motor vehicle for a period of six months.

'The person arrested shall have the choice of whether the test shall be of his blood, breath or urine.'

'(b) If any such person refuses the officer's request to submit to a chemical test, the department * * * shall suspend his privilege to operate a motor vehicle for a period of six months. * * *'

No case directly involving the problem herein presented has been cited and none has been discovered by the court.

It should be noted that § 13353 of the Vehicle Code is to be found in Division 6 (Drivers' Licenses), Chapter 2 (Suspension or Revocation of Licenses), Article 3 (Suspension and Revocation by Department). Article 2 (Suspension or Revocation by Court) contains those provisions under which a court may suspend a license or order that the Department shall revoke the privilege of a person to operate a motor vehicle, and includes § 13201(a), 'Driving while under the influence of intoxicating liquor under Section...