State v. Prawitt
262 P.3d 1203
Utah Ct. App.2011Background
- Prawitt was found asleep in the driver's seat of a legally parked vehicle at about 2:30 a.m. and was under the influence of alcohol.
- Officer Toscano arrested Prawitt for driving under the influence after noting open beer containers in the vehicle.
- Prawitt was charged with multiple driving and alcohol-related offenses and challenged trial procedures and evidence suppression.
- Prawitt alleged unrecorded bench and in-chambers objections during voir dire and contested a jury instruction on refusing chemical tests.
- Toscano testified he did not know the keys were in the center console at arrest, prompting a suppression motion denied by the district court.
- Prawitt was convicted on all charges and appealed challenging due process, jury instructions, and denial of suppression.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether unrecorded bench/in-chambers conferences violated due process. | Prawitt contends record gaps hinder review of objections. | Prawitt argues due process requires a complete record; failure to record is error. | No due process violation; defendant failed to preserve objections or reconstruct record. |
| Whether the jury instruction on refusal to submit to chemical tests improperly shifted burden. | Prawitt claims instruction shifted State's burden to defendant. | Prawitt did not preserve the issue for appeal; instruction not preserved. | Plain error claim rejected; overwhelming evidence supports conviction; no prejudice shown. |
| Whether the district court properly denied suppression of evidence based on probable cause. | Prawitt asserts lack of probable cause without keys in vehicle; suppress all post-arrest evidence. | State presented sufficient probable cause under totality of circumstances. | Probable cause established; denial of suppression affirmed. |
Key Cases Cited
- West Valley City v. Roberts, 1999 UT App 358 (Utah App. 1999) (due process requires a record adequate for review)
- State v. Maese, 2010 UT App 106 (Utah App. 2010) (jury instruction error reviewed for correctness)
- State v. Weisberg, 2002 UT App 434 (Utah App. 2002) (burden of proof in jury instructions; preservation required)
- State v. Baker, 2010 UT 18 (Utah Supreme Court 2010) (review of suppression rulings; standard of review)
- State v. Johnson, 2006 UT App 3 (Utah App. 2006) (record preservation; objections must be on record)
- Richfield City v. Walker, 790 P.2d 87 (Utah Ct. App. 1990) (Richfield factors for actual physical control of vehicle)
- State v. Clark, 2001 UT 9 (Utah Supreme Court 2001) (probable cause standard; viewing evidence in light most favorable to State)
- Barnhart, 850 P.2d 473 (Utah Ct. App. 1993) (Richfield factors; non-dispositive of actual physical control)