in the Court of Appeals 3 October 2017.
by defendant from judgments entered 15 November 2016 by Judge
Edwin G. Wilson, Jr., in Forsyth County Nos. 14 CRS 54918,
716209-11 Superior Court.
Attorney General Joshua H. Stein, by Assistant Attorney
General Christine Wright, for the State.
Charlotte Gail Blake for defendant.
James Squirewell II ("defendant") appeals from
judgments entered upon his convictions for habitual impaired
driving, speeding, possessing an open container of alcohol in
the passenger area of a motor vehicle, resisting a public
officer, and driving while license revoked for impaired
driving. For the following reasons, we find no error in
defendant's trial below.
result of a traffic stop just after noon on 20 May 2014,
defendant received North Carolina Uniform Citations for
driving while impaired, speeding, providing false identifying
information to the State Highway Patrol, driving while
license revoked, consuming alcohol in the passenger area of a
motor vehicle, and resisting a public officer. On 2 March
2015, a Forsyth County Grand Jury indicted defendant on
charges of habitual impaired driving, speeding, driving while
license revoked for impaired driving, possessing an open
container of alcohol in the passenger area of a motor
vehicle, and resisting a public officer.
to the case coming on for trial, defendant entered a guilty
plea to driving while license revoked for impaired driving.
The remaining charges were then tried before a jury in
Forsyth County Superior Court beginning 14 November 2016, the
Honorable Edwin G. Wilson, Jr., Judge presiding. On 15
November 2016, the jury returned verdicts finding defendant
guilty of the remaining charges. The trial court consolidated
the offenses for which the jury convicted defendant and
entered judgment sentencing defendant to a term of 21 to 35
months imprisonment. The trial court entered a separate
judgment sentencing defendant to a consecutive term of 120
days imprisonment for his guilty plea to driving while
license revoked for impaired driving. Defendant timely
raises the following two issues on appeal: whether the trial
court erred by (1) allowing testimony to be admitted into
evidence concerning the results of the chemical analysis of
his breath test; and (2) denying his motion to dismiss the
open container charge.
Results of Chemical Analysis
first contends the trial court erred in allowing a state
trooper to testify about the results of the chemical analysis
of his breath test because the State failed to provide an
adequate foundation for the testimony. The trial court
allowed the testimony into evidence at trial over
Gen. Stat. § 20-139.1 provides that "a person's
alcohol concentration or the presence of any other impairing
substance in the person's body as shown by a chemical
analysis is admissible in evidence." N.C. Gen. Stat.
§ 20-139.1(a) (2015). Yet, "[b]ecause so much
weight and deference is given to a chemical analysis test, it
is necessary that a proper foundation be laid before
admitting evidence as to the outcome of a chemical analysis