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Horne v. State

The defendant red light, wove in and out of his lane, smelled of alcohol, admitted drinking, showed evidence of impairment on four field sobriety tests and refused alco-sensor and chemical testing.

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Following a jury trial, Walter McDonald Horne appeals his convictions for DUI less safe,1 reckless driving,2 and running a red light.3 He challenges the sufficiency of the evidence on the DUI and reckless driving convictions and contends that the trial court erred i in admitting his statement to police that he had previously “gotten into trouble” when taking an alco-sensor test, and ii in considering improper evidence during the sentencing hearing. We hold that the evidence sufficed to sustain the two challenged convictions and that the evidentiary issues were either waived or meritless. Accordingly, we affirm. 1. When reviewing a defendant’s challenge to the sufficiency of the evidence, we view the evidence in the light most favorable to the jury’s verdict, and the defendant no longer enjoys the presumption of innocence. Short v. State .4 We do not weigh the evidence or determine witness credibility, but only determine if the evidence was sufficient for a rational trier of fact to find the defendant guilty of the charged offense beyond a reasonable doubt. Jackson v. Virginia .5

So viewed, the evidence including a videotape of the June 2006 event shows that while sitting in his patrol car at the busiest traffic intersection in the county, an officer saw Horne drive through a red stoplight that had turned red some two seconds or more earlier. The officer followed Horne, witnessing him repeatedly weave out of his lane and clocking him at a speed 15 miles per hour over the posted speed limit. Pulling Horne over, the officer approached him and detected the strong smell of an alcoholic beverage exuding from Horne. Horne admitted to drinking at a local bar.

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