State v. Stone
229 W. Va. 271
W. Va.2012Background
- Appellant Stone was re-sentenced on 26 charges arising from a July 8, 2007 alcohol-related I-68 crash that killed two adults and injured others.
- Convictions included DUI, multiple counts of DUI causing death, DUI causing injury, and multiple counts of leaving the scene of an accident.
- The circuit court ordered consecutive sentences; post-trial motions were denied, and a nunc pro tunc re-sentencing order allowed appeal of convictions.
- Stone moved to suppress BAC evidence obtained via blood draw after a warrant was obtained; he argued McClead law should bar the blood test.
- The Court affirmed in part, reversed in part, and remanded for re-sentencing consistent with its interpretation of the statutes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the leaving-scene statute permits multiple convictions | Stone contends §17C-4-1 is ambiguous and lenity requires a single conviction | The State argues multiple violations are possible under independent instances of leaving the scene | One conviction for leaving the scene regardless of victims; reverses multiple §17C-4-1 convictions |
| Admissibility of blood BAC under implied consent | McClead governs—no warrant authority if arrestee refuses blood test | Implied consent with warrant can authorize blood draw; McClead narrowed by later rationale | Implied consent not to bar warrant-based blood tests; McClead overruled to extent inconsistent; blood BAC admissible with valid warrant |
| Sufficiency of evidence for DUI causing death | State proved driver acted with reckless disregard causing death | Stone challenges speed/causation and recklessness evidence | Sufficient evidence to prove DUI causing death beyond a reasonable doubt |
| Sufficiency of evidence for leaving the scene of an accident (injury/death) | State proved Stone abandoned the scene after collision | Stone contends lack of knowledge of accident and failure to stay | Sufficient evidence to convict for leaving the scene under §17C-4-1 |
Key Cases Cited
- State v. Guthrie, 194 W. Va. 657 (1995) (sufficiency and standard of review in criminal appeals)
- State v. Juntilla, 227 W. Va. 492 (2011) (standard for sufficiency of evidence; heavy burden on defendant)
- State ex rel. Morgan v. Trent, 195 W. Va. 257 (1995) (strict construction of ambiguous criminal statutes; rule of lenity)
- Williams v. W. Va. Dept. of Motor Vehicles, 187 W. Va. 406 (1992) (meaning of 'any' and unit of prosecution in implied-consent/statutory context)