Holifield v. State
Holifield v. State
Opinion
The appellant, Wilson Brooks Holifield, was convicted of murder and sentenced to life imprisonment.
The evidence presented by the State tended to show that on February 2, 1986, a vehicle driven by the appellant on North Donahue Drive in Auburn left the road at a high rate of speed and crashed into a telephone pole. Tabitha Lynn Williams, a passenger in the car, was taken to East Alabama Medical Center, where she died as a result of injuries received in the accident. The appellant and one of his passengers, Murray Lee Johnson, suffered minor injuries as a result of the accident.
An officer at the scene of the accident smelled what he thought to be alcohol on the appellant's breath. He accompanied the ambulance transporting appellant to the East Alabama Medical Center, placed appellant under arrest, read appellant his Miranda rights, and directed a registered nurse to withdraw a blood sample from the appellant. A subsequent chemical analysis of the blood revealed a blood alcohol level of .31, greatly exceeding the statutory level of intoxication of .10.
"(a) Any person who operates a motor vehicle upon the public highways of this state shall be deemed to have given his consent, subject to the provisions of this division, to a chemical test or tests of his blood, breath or urine for the purpose of determining the alcoholic content of his blood if lawfully arrested for any offense arising out of acts alleged to have been committed while the person was driving a motor vehicle on the public highways of this state while under the influence of intoxicating liquor. The test or tests shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person to have been driving a motor vehicle upon the public highways of this state while under the influence of intoxicating liquor. The law enforcement agency by which such officer is employed shall designate *Page 242 which of the aforesaid tests shall be administered. Such person shall be told that his failure to submit to such a chemical test will result in the suspension of his privilege to operate a motor vehicle for a period of 90 days; provided if such person objects to a blood test, the law enforcement agency shall designate that one of the other aforesaid tests be administered."
" 'An arrest consists in taking, under real or assumed authority, custody of another person for the purpose of detaining him to answer a criminal charge or civil demand.'Central of Georgia Ry. Co. v. Carlock,
After an examination of the record, we find that the evidence in this case supports the conclusion that the appellant was, in fact, under arrest when he submitted to the blood test. Nurse Martin testified that before taking the blood sample, the appellant was told of his Miranda rights. Nurse Martin was also informed by Officer Wilcox that the appellant was under arrest. Since the appellant was arrested before the withdrawal of a blood sample, the chemical analysis of his blood was correctly admitted into evidence.
To sustain an argument on appeal, the appellant must show that the alleged error was preserved for our review. Greer v.State,
"The error argued on appeal has not been preserved for review. '[T]he assignment of a specific ground of objection to the question constituted a waiver of all other grounds.' Carter v. State,
205 Ala. 460 ,462 ,88 So. 571 (1921). 'It is well settled that all grounds of objection not specified are waived, and that the trial court will not be placed in error on grounds not raised at trial.' Blackmon v. State,449 So.2d 1264 ,1266 (Ala.Cr.App. 1984). See also Stemple v. State,352 So.2d 33 ,36 (Ala.Cr.App. 1977)."
Even if this issue had been properly preserved for our review, the result would be the same. In Smith v. State,
Laura Shelvin, a toxicologist with the State Department of Forensic Sciences, who performed the chemical analysis of the blood sample taken from the appellant, testified that she conducted that analysis in accordance with the rules and regulations of the State Health Department. Not one question was asked her by opposing counsel *Page 243 regarding this, nor was any contradictory evidence offered by appellant. There is, then, no basis in fact or law for this argument. No error was committed in receiving into evidence the chemical analysis of appellant's blood.
Appellant contends that because the victim elected to ride with him in his intoxicated state, she assumed the risk of any injury incurred and, therefore, that the actions of the appellant cannot equal the extreme indifference to human life necessary to sustain a conviction for murder. We disagree. Proof of a state of mind of some person other than the appellant does not logically prove or disprove the state of mind of the appellant. Simply because another person has a certain attitude does not disprove the appellant's intent or state of mind needed to support a murder conviction. This argument is logically without merit.
Furthermore, the evidence presented at trial more than establishes the necessary state of mind of the appellant. He left the bar after "chugging" down at least two pints of Red Dagger, got into a borrowed vehicle, and drove toward Auburn. At some point on his way to Auburn, appellant accepted a challenge to race. Deaf to the pleas of his passengers, appellant raced through town at speeds of 80 to 100 miles per hour until he lost control of the car and crashed into a telephone pole, resulting in the injury and subsequent death of one of his passengers. As we stated in Smith v. State, supra, 460 So.2d at 346:
"Section
13A-6-2 (a), Code of Alabama 1975, states that 'A person commits the crime of murder if . . . (2) Under circumstances manifesting extreme indifference to human life, he recklessly engages in conduct which creates a grave risk of death to a person other than himself, and thereby causes the death of another person.' A conviction for murder resulting from a homicide caused by the driving of an automobile is authorized where there is sufficient evidence to warrant a finding by the jury either that the accused intentionally caused the collision or that he was conscious of his acts, conscious of the impending danger surrounding him, and conscious of the probable results of his acts, and then, with reckless indifference to the probable consequences of his acts, brought about the collision and death of the deceased. Jolly v. State,395 So.2d 1135 (Ala.Cr.App. 1981). Such a finding was warranted by the evidence in this case."
There is not a specific time period that defines remoteness, for purposes of excluding evidence on the grounds of remoteness in a criminal case. Primm v. State,
Appellant's contention that §
The judgment of the trial court is due to be, and it hereby is, affirmed.
AFFIRMED.
All the Judges concur.
Reference
- Full Case Name
- Wilson Brooks Holifield v. State.
- Cited By
- 6 cases
- Status
- Published