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Sillman v. State

The state was not required to provide the DUI defendant with a copy of his breath test results during discovery because he received a copy of the results at the time of his arrest.

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James Sillman appeals his conviction of driving under the influence, asserting that the trial court erred in admitting certain evidence despite the State’s alleged failure to produce that evidence pursuant to a discovery request. Because Sillman waived the issue regarding his statement, and because he received a copy of the results when the breath test was administered, we affirm.

Sillman initially demanded a jury trial, and requested from the State copies of any custodial statements and scientific reports. When the case was called for trial on May 9, 2000, Sillman asserted that he had not received the State’s response to his discovery request until the preceding day. He asked the court to exclude evidence that, when asked if he had been drinking, he responded “yes, he had a little bit.” The State suggested that, because the police report was not clear as to whether the statement was custodial or not, the police officer could testify and “perhaps settle that issue right now and that could moot that point and you could decide whether or not we’ll proceed or whether defendant would elect another remedy.” The court decided to hold a pretrial hearing to determine whether the statement was made while Sillman was in custody, and thus whether the statement should be excluded because the State had not produced it at least ten days before trial.

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