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Furlow v. State

The trial court reversibly erred in failing to instruct the jury on the charged counts of child endangerment.

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A jury found Christopher Furlow guilty of driving under the influence, two counts of child endangerment, and driving with a suspended license. On appeal, Furlow challenges the sufficiency of the evidence. He also contends that the trial court erred in charging the jury. For reasons that follow, we affirm in part and reverse in part. 1. On appeal from a criminal conviction, Furlow no longer enjoys a presumption of innocence, and we view the evidence in a light most favorable to the jury’s verdict.1 In so doing, we neither weigh the evidence nor assess witness credibility, but merely determine whether the evidence is sufficient to sustain the conviction.2

Viewed in this manner, the record reveals that around 7:00 a.m. on November 24, 2001, Trooper Jason Geddie saw a vehicle stopped on the shoulder of the interstate with a child sitting in the front passenger seat. As Geddie approached the car, he observed that the driver’s seat was reclined, the driver was asleep, and a second child was asleep in the back seat. Geddie woke Furlow, who was in the driver’s seat, to inquire if Furlow was having car trouble. While speaking to Furlow, Geddie “noticed a strong smell of alcohol on Furlow’s breath.”

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