State v. Jenkins
265 P.3d 643
Mont.2011Background
- On June 19, 2010, Bozeman Police Officer Hiester observed Jenkins driving a motorcycle erratically and arrested him for DUI.
- At the Gallatin County Detention Center Jenkins agreed to a breath test using the Intoxilyzer 8000, yielding a BAC of .138.
- State charged Jenkins with felony DUI, fourth offense, under § 61-8-731, MCA; jury trial in March 2011 resulted in a conviction.
- District Court sentenced Jenkins to 13 months in the Montana Department of Corrections with a five-year suspended sentence.
- Jenkins appealed challenging the admission of field certification documents as hearsay used to foundation the breath-test results.
- The issue centered on whether the field certifications could be considered under Rule 104(a) and the hearsay rule, given Hiester’s lack of custodian status.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether field certification documents are admissible to foundation the breath test results | Jenkins contends field certifications are hearsay and require 803(6) compliance. | Jenkins argues Hiester cannot foundation the documents as custodian; they should be excluded. | District court did not abuse discretion; certifications may be considered under 104(a). |
| Whether 104(a) allows foundation for breath test results independent of hearsay exceptions | White-based reasoning requires hearsay exception for certification records. | Delaney governs, allowing foundation under 104(a) without hearsay exception. | Overruled White; 104(a) controls; foundation admissible without rule 803(6) exemption. |
Key Cases Cited
- State v. Delaney, 297 Mont. 263 (Mont. 1999 MT 317) (foundation for breath-test evidence analyzed under 104(a))
- State v. Johnston, 361 Mont. 301 (Mont. 2011 MT 184) (breath instrument regulation and certification requirements)
- State v. White, 349 Mont. 109 (Mont. 2009 MT 26) (hearsay status of certification documents discussed)
- State v. Carter, 326 Mont. 427 (Mont. 2005 MT 87) (Sixth Amendment confrontation considerations related to certifications)
- Quantum Elec. v. Schaeffer, 314 Mont. 193 (Mont. 2003 MT 29) (overruled prior inconsistent opinions to resolve evidentiary issues)
- Gilco v. Permann, 331 Mont. 112 (Mont. 2006 MT 30) (illicitly cited authorities addressed by Montana Supreme Court)