Considered on Briefs May 27, 2014
APPEAL FROM THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT MEADE COUNTY, SOUTH DAKOTA. THE HONORABLE JEROME A. ECKRICH, III, Judge.
MARTY J. JACKLEY, Attorney General, JEFFREY P. HALLEM, KELLY MARNETTE, Assistant Attorneys General Pierre, South Dakota, Attorneys for plaintiff and appellee.
ABBY A. REHORST of Rena M. Hymans, PC Sturgis, South Dakota, Attorneys for defendant and appellant.
WILBUR, Justice. KONENKAMP and ZINTER, Justices, concur. GILBERTSON, Chief Justice, and SEVERSON, Justice, concur on Issue 1, and concur in result on Issue 2.
[¶1] Lloyd Edwards appeals the circuit court's denial of his motion to suppress blood evidence seized without a warrant. He also appeals the circuit court's denial of his motion to strike his 2003 driving under the influence (DUI) conviction from the part II information. We affirm.
FACTS AND PROCEDURAL BACKGROUND
[¶2] On March 25, 2013, Officer Nathaniel Borg arrested Edwards for driving or being in actual physical control of a motor vehicle while under the influence of alcohol and driving with a revoked license. Officer Borg read the following advisement to Edwards:
DUI Advisement Card
1. I have arrested you for a violation of SDCL 32-23-1.
2. Any person who operates any vehicle in the state has consented to the withdrawal of blood or other bodily substance and chemical analysis.
3. I require that you submit to the withdrawal of your blood (blood, breath, bodily substance).
4. You have the right to an additional chemical analysis by a technician of your own choosing, at your own expense.
[¶3] Officer Borg asked Edwards twice if he understood the advisement, yet Edwards did not respond. Officer Borg then transferred Edwards to the Meade County jail.
[¶4] At the jail, Officer Borg explained to Edwards that blood would be drawn from him and that his refusal would result in the use of a restraint chair in order to forcibly obtain the evidence. Edwards verbally and physically refused to provide a sample of his blood to law enforcement. With the help of another officer, Officer Borg placed Edwards in a restraint chair, held a Taser to Edwards's abdomen, and threatened to use the Taser if Edwards continued to resist. A blood sample was ultimately obtained from Edwards, without the use of the Taser, while he was seated in the restraint chair.
[¶5] On March 27, 2013, Edwards was indicted for driving or control of a vehicle while under the influence of alcohol in violation of SDCL 32-23-1(2), or alternatively, with driving or control of a vehicle while having 0.08 percent or more by weight of alcohol in the blood in violation of SDCL 32-23-1(1). The State filed a part II information alleging that Edwards had two prior DUI convictions within the previous ten years--one conviction in 2003 and one conviction in 2012. Edwards's 2013 charge would constitute a third offense DUI.
[¶6] Edwards filed a motion to strike his 2003 conviction from the part II information. Edwards claimed that his 2003 conviction could not be used to enhance his sentence because his guilty plea was not voluntary, knowing, and intelligent. The circuit court ultimately denied Edwards's motion to strike. Findings of fact and conclusions of law regarding Edwards's motion to strike his 2003 conviction from the part II information and an order denying Edwards's motion to strike were entered on September 17, 2013.
[¶7] In addition to the motion to strike, Edwards filed a motion to suppress blood evidence seized without a warrant. An evidentiary hearing on the motion to suppress was held on June 12, 2013. The circuit court ultimately denied Edwards's motion to suppress. Findings of fact and conclusions of law regarding Edwards's motion to suppress and an order denying the motion were entered on September 17, 2013.
[¶8] Edwards's jury trial began on September 18, 2013. The jury found Edwards guilty of driving ...