Crouse, Lawrence Frank v. State
441 S.W.3d 508
| Tex. App. | 2014Background
- At ~1:30 a.m., officers found appellant Lawrence Frank Crouse driving erratically from a field into a business parking lot and onto a gravel road; he appeared disoriented, slurred his speech, had dilated pupils, poor balance, and gave an incorrect date.
- Officer-administered field sobriety tests showed multiple HGN, walk‑and‑turn, and one‑leg‑stand clues; officers believed he was "on something" and arrested him for public intoxication, then charged with DWI and requested a blood draw.
- Hospital discharge papers on the front seat listed prescribed medications (e.g., Vicodin, cyclobenzaprine) with warnings about dizziness and not driving; appellant had received morphine at the hospital the night before and wore a hospital bracelet.
- Toxicology detected alprazolam, lorazepam, cyclobenzaprine, and mirtazapine (some without quantification); no significant opiates were found.
- Appellant testified to bipolar disorder, recent hospital treatment (including morphine), missed doses of some meds, possible seizure, and physical limitations from back surgery; a defense expert opined the medication/timing could explain his symptoms.
- Trial (bench) conviction for DWI; sentence suspended with fines. On appeal appellant challenged (1) sufficiency of evidence (intoxication and public place), (2) admission/authentication of hospital documents, and (3) alleged warrantless search/seizure of those documents.
Issues
| Issue | Appellant's Argument | State's Argument | Held |
|---|---|---|---|
| 4/5 Sufficiency — intoxication (impairment) | Evidence did not prove loss of normal use from drugs; alternative medical explanations (seizure, bipolar disorder, surgery, therapeutic med levels) could account for symptoms | Officers’ observations, poor SFST performance, hospital medications (with warnings), recent morphine, and toxicology supported impairment-by-drugs theory | Affirmed — viewed in light most favorable to verdict, court could find impairment from drugs/combination beyond reasonable doubt |
| 4/5 Sufficiency — public place | Parking lot/gravel road not shown to be public or accessible to the public | Officers testified public had access; commercial vehicles present; gravel road led to highway | Affirmed — record supported finding the locations were public places |
| 1 & 3 Fourth Amendment — warrantless search/seizure of hospital records (Exhibits 3 & 4) | Admission violated Fourth Amendment; exhibits were fruit of unlawful search | No Fourth Amendment objection was made at trial; issue not preserved for appellate review | Overruled — appellate complaint did not comport with trial objections; error forfeited |
| 2 Authentication — Exhibit 3 discharge summary | Exhibit 3 was admitted without proper authentication/sponsorship | Appellant identified the document; witnesses and defense expert discussed its contents without contemporaneous objection; admission was effectively waived | Overruled — any authentication error was waived by failure to object when exhibit content was later admitted |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency review) (1979)
- Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010) (framework for evaluating sufficiency)
- Kuciemba v. State, 301 S.W.3d 460 (Tex. Crim. App.) (intoxication must be "by reason of the introduction" of a substance)
- Ouellette v. State, 353 S.W.3d 868 (Tex. Crim. App.) (statutory definition of intoxication)
- Delane v. State, 369 S.W.3d 412 (Tex. App.—Houston [1st Dist.] 2012) (drug-only DWI—driving facts, admissions, and meds supported intoxication)
- Kapuscinski v. State, 878 S.W.2d 248 (Tex. App.—San Antonio) (parking lot access can make it a public place)
- Landers v. State, 110 S.W.3d 617 (Tex. App.—Houston [14th Dist.] 2003) (prescription medication plus observed impairment can support DWI)