State v. Bartlett, No. 15525

CourtSouth Dakota Supreme Court
Writing for the CourtHENDERSON; WUEST
Citation411 N.W.2d 411
PartiesSTATE of South Dakota, Plaintiff and Appellee, v. George Joe BARTLETT, Defendant and Appellant. . Considered on Briefs
Docket NumberNo. 15525
Decision Date22 May 1987

Page 411

411 N.W.2d 411
STATE of South Dakota, Plaintiff and Appellee,
v.
George Joe BARTLETT, Defendant and Appellant.
No. 15525.
Supreme Court of South Dakota.
Considered on Briefs May 22, 1987.
Decided Aug. 26, 1987.

Craig M. Eichstadt, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Roger A. Tellinghuisen, Atty. Gen., Pierre, on the brief.

Catherine E. Mattson-Casteel of LaFleur, LaFleur & LaFleur, Rapid City, for defendant and appellant.

HENDERSON, Justice.

PROCEDURAL HISTORY/ISSUES

Defendant-Appellant, George Joe Bartlett (Defendant), was charged with "Driving or Control of Vehicle While Under Influence of Alcohol (Third Offense)" (DWI). He was convicted, by enhancement procedure, of a Class Six felony, and appeals contending four areas of circuit court error.

(1) Insufficient evidence was presented at trial to support the verdict rendered and to establish that Defendant was the same person convicted of two previous DWI offenses.

Page 412

(2) The circuit court abused its discretion in denying Defendant's motion for a different jury as to the former convictions trial.

(3) The circuit court abused its discretion in admitting certain copies of fingerprint cards during the former convictions trial.

(4) Proposed jury instructions and verdict forms relating to the former convictions trial were improperly denied.

We treat these issues seriatim. The circuit court is affirmed in all matters.

FACTS

On March 22, 1986, at approximately 1:45 a.m., Defendant was stopped by Rapid City Police Officer Roach for driving without having his headlights turned on. Officer Roach smelled alcohol on Defendant's breath and had him perform field sobriety tests. Defendant performed less than satisfactorily and Officer Roach requested he take a blood test. A medical technologist extracted a blood sample and Dr. Looyenga, a chemist at the School of Mines, performed the analysis which revealed a .17 percent by weight in ethyl alcohol.

On March 25, 1986, Defendant was charged, by Complaint, with "Driving or Control of Vehicle While Under Influence of Alcohol (Third Offense) (Felony)" in violation of SDCL Secs. 32-23-1(2) and 32-23-4. A Preliminary Hearing was conducted on April 25, 1986, and Defendant was bound over to the circuit court. Defendant's Arraignment was held on May 5, 1986, at which State filed an Information charging the DWI and a Part II Information alleging that Defendant's present charge constituted his third DWI offense. Defendant pleaded not guilty.

A Motions Hearing took place on June 10, 1986. Defendant moved for a bifurcated trial and a bifurcated jury on the DWI Parts I and II. Defendant's Motion for Bifurcated Trial was granted but his Motion for Bifurcated Juries was denied.

On July 28, 1986, a jury trial was held on the Part I Information, whereat Defendant was found guilty of DWI. On July 30, 1986, a jury trial on the Part II Information was held wherein Defendant was found to be the same person who was convicted of the two prior DWI offenses listed in the Information. Judgment was entered on September 19, 1986. Defendant was sentenced to serve two years in the Penitentiary and he now appeals.

DECISION

I.

Defendant contends the evidence presented during both the DWI trial and the former convictions trial was insufficient to justify the verdicts returned. He urges us to set aside the verdicts and remand for new trials. We are unpersuaded by his advocacy.

Recently, in State v. Davis, 401 N.W.2d 721, 722-23 (S.D.1987), we elucidated on the scope of appellate review in cases challenging the sufficiency of evidence by writing:

In determining the sufficiency of the evidence on appeal in a criminal case the issue before this court is whether there is evidence in the record which, if believed by the jury, is sufficient to sustain a finding of guilt beyond a reasonable doubt. "[I]n making such a determination this Court will accept that evidence and the most reasonable inferences that can be fairly drawn therefrom, which will support the verdict." State v. Dale, 379 N.W.2d 811, 814 (S.D.1985); State v. Faehnrich, 359 N.W.2d 895 (S.D.1984); State v. McCafferty, 356 N.W.2d 159 (S.D.1984); State v. Phinney, 348 N.W.2d 466 (S.D.1984); State v. West, 344 N.W.2d 502 (S.D.1984); State v. Jorgensen, 333 N.W.2d 725 (S.D.1983). We will uphold the jury's verdict if the evidence and the reasonable inferences drawn therefrom sustain a rational theory of guilt. Faehnrich, supra; McCafferty, supra.

While Defendant did offer testimonial evidence that he consumed only part of a six-pack of beer before his arrest, the jury had the option to disbelieve that testimony. We note, by the jury trial transcript, he left a downtown Rapid City bar after midnight.

Page 413

Likewise, Defendant's assertions that his blood alcohol content was below .10 percent were also put before the jury. Therefore, we uphold the jury's verdict of guilty in reference to the DWI conviction observing that the evidence and reasonable inferences drawn therefrom sustain a rational theory of guilt. Davis, 401 N.W.2d at 722-23.

Regarding the former convictions trial, fingerprint forms were used to establish prior criminal history. Defendant alleges that these forms were not "under seal" as mandated by SDCL 22-7-11 and testimony linking the prints on the forms to Defendant was insufficient. In making his assertions, Defendant overlooks our language in State v. King, 383 N.W.2d 854, 856 (S.D.1986), stating:

This court has previously held that prints taken by law enforcement officers and recorded on standard Division of Criminal Investigation forms are properly receivable into evidence as public records. State v. Provost, 266 N.W.2d 96 (S.D.1978). See also State v. Grooms, 359 N.W.2d 901 (S.D.1984).

Moreover, a fingerprint expert testified, in his opinion, the Defendant's known prints were made by the same person as the prints made by the person who was twice previously convicted of DWI. Once again, we refuse to overturn the jury's verdict as reasonable inferences drawn from the evidence sustain a rational theory of guilt. See Davis, 401 N.W.2d at 722-23, and authorities cited therein.

II.

Defendant secondly...

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42 practice notes
  • State v. Lodermeier, No. 17482
    • United States
    • Supreme Court of South Dakota
    • December 2, 1991
    ...not justified by, and clearly against reason and evidence. State v. Pfaff, 456 N.W.2d 558, 560-61 (S.D.1990) (quoting State v. Bartlett, 411 N.W.2d 411, 414 (S.D.1987)). "Under the abuse of discretion standard, we do not determine whether we would have made a like decision, only whether a j......
  • State v. Pellegrino, No. 19946
    • United States
    • Supreme Court of South Dakota
    • May 22, 1998
    ...State v. Rhines, 1996 SD 55, p 111, 548 N.W.2d 415, 443, cert. denied, --- U.S. ----, 117 S.Ct. 522, 136 L.Ed.2d 410; State v. Bartlett, 411 N.W.2d 411, 415 (S.D.1987). "Jury instructions are adequate when, considered as a whole, they give the full and correct statement of the law applicabl......
  • State v. Rhines, No. 18268
    • United States
    • Supreme Court of South Dakota
    • June 28, 1996
    ...the United States and South Dakota Constitutions. ¶111 The trial court has broad discretion in instructing the jury. State v. Bartlett, 411 N.W.2d 411, 415 (S.D.1987). "[J]ury instructions are adequate when, considered as a whole, they give the full and correct statement of the law applicab......
  • State v. Steele, No. 18077
    • United States
    • Supreme Court of South Dakota
    • September 2, 1993
    ...purpose not justified by, and clearly against, reason and evidence. State v. Woodfork, 454 N.W.2d 332, 335 (S.D.1990); State v. Bartlett, 411 N.W.2d 411, 414 (S.D.1987). The trial court did not abuse its discretion in admitting evidence of Steele's place of employment. Moreover, in his ruli......
  • Request a trial to view additional results
42 cases
  • State v. Lodermeier, No. 17482
    • United States
    • Supreme Court of South Dakota
    • December 2, 1991
    ...not justified by, and clearly against reason and evidence. State v. Pfaff, 456 N.W.2d 558, 560-61 (S.D.1990) (quoting State v. Bartlett, 411 N.W.2d 411, 414 (S.D.1987)). "Under the abuse of discretion standard, we do not determine whether we would have made a like decision, only whether a j......
  • State v. Pellegrino, No. 19946
    • United States
    • Supreme Court of South Dakota
    • May 22, 1998
    ...State v. Rhines, 1996 SD 55, p 111, 548 N.W.2d 415, 443, cert. denied, --- U.S. ----, 117 S.Ct. 522, 136 L.Ed.2d 410; State v. Bartlett, 411 N.W.2d 411, 415 (S.D.1987). "Jury instructions are adequate when, considered as a whole, they give the full and correct statement of the law applicabl......
  • State v. Rhines, No. 18268
    • United States
    • Supreme Court of South Dakota
    • June 28, 1996
    ...the United States and South Dakota Constitutions. ¶111 The trial court has broad discretion in instructing the jury. State v. Bartlett, 411 N.W.2d 411, 415 (S.D.1987). "[J]ury instructions are adequate when, considered as a whole, they give the full and correct statement of the law applicab......
  • State v. Steele, No. 18077
    • United States
    • Supreme Court of South Dakota
    • September 2, 1993
    ...purpose not justified by, and clearly against, reason and evidence. State v. Woodfork, 454 N.W.2d 332, 335 (S.D.1990); State v. Bartlett, 411 N.W.2d 411, 414 (S.D.1987). The trial court did not abuse its discretion in admitting evidence of Steele's place of employment. Moreover, in his ruli......
  • Request a trial to view additional results

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