2013 Unpublished Opinion No. 584
Appeal from the District Court of the Third Judicial District, State of Idaho, Canyon County. Hon. Gregory M. Culet, District Judge.
Judgment of conviction for felony driving under the influence, affirmed.
Sara B. Thomas, State Appellate Public Defender; Justin M. Curtis, Deputy Appellate Public Defender, Boise, for appellant.
Hon. Lawrence G. Wasden, Attorney General; Jessica M. Lorello, Deputy Attorney General, Boise, for respondent.
Shane Lee Dobbs appeals from his conviction for driving under the influence. He asserts that the prosecutor misstated the evidence during his rebuttal closing argument and that his conviction must be reversed. We affirm.
The police were called to Dobbs's residence on the report of a domestic disturbance. No one was home, but the police observed blood and broken glass in the residence. A short time later, Dobbs's vehicle was located and stopped. The police smelled alcohol on Dobbs's person and administered field sobriety tests, which he failed. Dobbs was arrested for driving under the influence. At the jail, Dobbs performed two breathalyzer tests returning results of .083 and .086, both in excess of statutory limits.
Dobbs was charged with felony driving under the influence, Idaho Code §§ 18-8004, 18-8005, and a persistent violator sentence enhancement was requested. The matter proceeded to a jury trial at which Dobbs was found guilty. Dobbs appeals from the resulting judgment of conviction.
At trial, Dobbs attempted to raise reasonable doubt as to whether his alcohol concentration was over the .08 legal limit at the time he was driving, as opposed to when he performed the breathalyzer tests about fifty minutes later. An officer testified that during the stop, which occurred at 9:35 p.m., Dobbs said that he had not had anything to eat since that morning. According to the officer, Dobbs also said that he had consumed two 24-ounce cans of beer about two hours earlier. At trial, Dobbs testified that he had lied to the officer about his alcohol consumption and that he instead had consumed "a couple of shots of whiskey" at a friend's house at some time before the stop. A state ...