Opinion
Court of Appeals No. A-12869 No. 6704
09-19-2018
STEVEN RUSSELL THOMAS, Appellant, v. STATE OF ALASKA, Appellee.
Appearances: Darryl L. Jones, Esq., Law Office of Darryl L. Jones, Palmer, for the Appellant. Krista N. Anderson, Assistant District Attorney, Palmer, and Jahna Lindemuth, Attorney General, Juneau, for the Appellee.
NOTICE Memorandum decisions of this Court do not create legal precedent. See Alaska Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court of Appeals Decisions (Court of Appeals Order No. 3). Accordingly, this memorandum decision may not be cited as binding authority for any proposition of law. Trial Court No. 3PA-16-529 CR
MEMORANDUM OPINION
Appeal from the District Court, Third Judicial District, Palmer, John W. Wolfe, Judge. Appearances: Darryl L. Jones, Esq., Law Office of Darryl L. Jones, Palmer, for the Appellant. Krista N. Anderson, Assistant District Attorney, Palmer, and Jahna Lindemuth, Attorney General, Juneau, for the Appellee. Before: Mannheimer, Chief Judge, and Allard and Wollenberg, Judges. PER CURIAM.
Following a jury trial, Steven Russell Thomas was convicted of driving under the influence. On appeal, he challenges the sufficiency of the evidence to support his conviction.
AS 28.35.030(a).
Thomas was arrested for driving under the influence after a REDDI reporter contacted the Alaska State Troopers. At trial, Thomas disputed the account and timeline of events provided by the REDDI reporter. The REDDI reporter testified that Thomas had confronted him on the road and, believing that Thomas was driving under the influence, the reporter then followed Thomas to his destination (his mother's home) until the responding trooper arrived shortly thereafter. In contrast, Thomas maintained that the REDDI reporter was the one who instigated the dispute and that the REDDI reporter then sat in the driveway of Thomas's mother's home for at least an hour and a half before the trooper arrived.
The acronym, "REDDI," stands for "Report Every Dangerous Driver Immediately." It is a community service program that encourages citizens to alert the authorities when they believe there is a risk of injury or death due to dangerous driving. See Report Every Dangerous Driver Immediately (REDDI), ALASKA HIGHWAY SAFETY OFFICE, http://www.dot.state.ak.us/highwaysafety/REDDI.shtml (last visited August 24, 2018).
When the trooper arrived and contacted Thomas, he observed that Thomas had a strong odor of alcohol, bloodshot watery eyes, and slurred speech. Thomas's truck was also warm to the touch. Thomas failed the field sobriety tests and, following his arrest, Thomas provided a breath alcohol sample of .170 percent.
Thomas argued that he was not under the influence at the time he was driving. Thomas testified that he had consumed two beers over the course of several hours before driving to his mother's home. But he maintained that he had a high breath test reading because he consumed additional alcohol at his mother's house before the trooper arrived.
On appeal, Thomas renews his argument that there was insufficient evidence to establish that he was under the influence of alcohol at the time he drove his vehicle. He argues that the REDDI reporter's testimony that he was driving just prior to the trooper's arrival was not credible.
But when we review the sufficiency of the evidence to support a conviction, we do not evaluate the credibility of the witnesses. Rather, we view the evidence, and any reasonable inferences from the evidence, in the light most favorable to upholding the jury's verdict. Viewing the evidence in this light, we conclude that a reasonable juror could find that the State had proved Thomas's guilt beyond a reasonable doubt.
Daniels v. State, 767 P.2d 1163, 1167 (Alaska App. 1989).
Johnson v. State, 188 P.3d 700, 702 (Alaska App. 2008). --------
Accordingly, we AFFIRM the judgment of the district court.