102 So. 3d 935
La. Ct. App.2012Background
- Defendant Alfred Christophe was charged on May 25, 2011 with two felony counts of first degree vehicular negligent injuring under LSA-R.S. 14:39.2 and one misdemeanor count of vehicular negligent injuring under LSA-R.S. 14:39.1 for a single April 7, 2011 multi-vehicle collision.
- The case proceeded to a bench trial on September 15 and September 26, 2011, resulting in guilty verdicts on all counts.
- Defendant was sentenced to two years and six months on each felony count, to be served concurrently, and six months on the misdemeanor count, to run concurrently with the felonies.
- On appeal, the felonies and the misdemeanor were consolidated for review.
- The court ultimately reversed the two felonies and the misdemeanor, and remanded for entry of three lesser-included negligent injuring convictions under LSA-R.S. 14:39 and re-sentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State proved Christophe was under the influence at the time of the accident. | Christophe argues insufficiency to show intoxication. | State’s witnesses established consumption; no BAC or observed intoxication testified. | Evidence insufficient; convictions reversed and remanded for three negligent injuring convictions. |
Key Cases Cited
- State v. Berkeley, 788 So.2d 647 (La.App. 5 Cir. 2001) (sufficiency of evidence for intoxication under 14:39.2; at times requires more than BAC.)
- State v. Hightower, 116 So.2d 699 (La. 1959) (defines under the influence; intoxication means impairment of ability to operate a vehicle.)
- State v. Dudley, 106 So. 364 (La. 1925) (well-recognized meaning of under the influence; identical to intoxicated condition.)
- State v. Sosa, 921 So.2d 94 (La. 2006) (standard for appellate sufficiency review; Jackson v. Virginia applied.)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (establishes standard for sufficiency of evidence.)