State v. Scott

S

IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 48116 STATE OF IDAHO, ) ) Filed: July 21, 2021 Plaintiff-Respondent, ) ) Melanie Gagnepain, Clerk v. ) ) THIS IS AN UNPUBLISHED JOSIAH JOHN SCOTT, ) OPINION AND SHALL NOT ) BE CITED AS AUTHORITY Defendant-Appellant. ) ) Appeal from the District Court of the Fifth Judicial District, State of Idaho, Teton County. Hon. Steven Boyce, District Judge. Judgment of conviction for driving under the influence, a subsequent conviction, affirmed. Mallard Law Office, P.C.; Kelly D. Mallard, Idaho Falls, for appellant. Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent. ________________________________________________ HUSKEY, Chief Judge Josiah J. Scott appeals from the judgment of conviction for felony driving under the influence, Idaho Code §§ 18-8004, 18-8005(9). Scott alleges that there is insufficient evidence to sustain his conviction of driving under the influence because the State did not prove, beyond a reasonable doubt, that Scott drove while under the influence of alcohol or while having a blood alcohol concentration of .08 or more. Because there is substantial evidence upon which a reasonable trier of fact could have found that the State sustained its burden of proving beyond a reasonable doubt that Scott drove while under the influence of alcohol, the judgment of conviction is affirmed. 1 I. FACTUAL AND PROCEDURAL BACKGROUND The following facts are not in dispute. On July 17, 2019, while driving to his job site, Scott drove off the road and his truck became stuck in an irrigation ditch. Kayla Lund drove by at approximately 3:00 p.m. and stopped to see if everything was okay; at that time Scott was sitting in the driver’s seat and no one else was present. Scott stated that he was okay and a friend was on his way to assist him. Scott asked Lund not to call the police; Lund obliged and left the scene. Thereafter, Jeremy Lamb, a subcontractor working for Scott, arrived. Scott and Lamb were unable to pull the truck out of the ditch, and Lamb drove Scott to their job site. While Scott was at the job site, Deputy Sewell received a call about an abandoned truck submerged in water in an irrigation ditch. Deputy Sewell arrived at the scene of the accident at approximately 4:45 p.m., checked the registration, and discovered that the truck had two registered owners; Amber Andrews and Scott. Deputy Sewell called Scott, who did not answer, and then Sewell called and talked to Andrews, who was unaware of the accident. Deputy Sewell called Scott again; Scott answered and said that he was on his way to the scene. Scott arrived at the scene at approximately 5:30 p.m. with Cole Vanleuven, an employee of Lamb. Deputy Sewell believed Scott appeared intoxicated; he had bloodshot and glassy eyes, a raspy voice, slurred speech, droopy eyelids, and smelled of alcohol. Additionally, Scott’s feet were wet and his clothing was stained with mud and debris. Vanleuven told Deputy Sewell that …

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