Appeal from the District Court of Albany County. The Honorable Jeffrey A. Donnell, Judge.
For Appellant: Thomas A. Fleener, Fleener Law, LLC, Laramie, Wyoming; Tim Newcomb, Appellate Consultation, Laramie, Wyoming; Cody Jerabek, Third Year Law Student. Argument by Mr. Jerabek.
For Appellee: Peter K. Michael, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; Jenny L. Craig, Senior Assistant Attorney General; Joshua C. Eames, Assistant Attorney General; Charlotte M. Powers, Assistant Attorney General. Argument by Ms. Powers.
Before BURKE, C.J., and HILL, DAVIS, FOX, and KAUTZ, JJ.
[¶1] Philip Guilford appeals from a felony conviction for driving a vehicle while under the influence of intoxicating liquor or controlled substances (DWUI). We affirm.
[¶2] Guilford advances two issues that we reorder and restate as follows:
I. Is Wyo. Stat. Ann. § 31-5-233(b)(iii)(C) (LexisNexis 2015) unconstitutionally vague as applied to Guilford's conduct?
II. Were Guilford's attorneys constitutionally ineffective in failing to present evidence relating to the concentration of alcohol and tetrahydrocannabinol (THC) in his blood?
[¶3] After drinking beer at a friend's home in Laramie on July 24, 2013, Guilford left for his mountain cabin alone sometime between 11:00 p.m. and midnight. Approximately thirty miles west of town, and around 1:00 a.m. on July 25, he rolled his Toyota Tacoma pickup onto its passenger side off the north edge of the graveled Dutton Creek Road. He had just crossed under Interstate 80, and he climbed over an elk fence to reach the highway, where he was eventually found by Trooper Devries of the Wyoming Highway Patrol.
[¶4] Corporal Yates of the Albany County Sheriff's office met the trooper on the interstate at approximately 3:20 a.m. He questioned Guilford briefly, and noted red eyes and slurred speech, as well as the distinct odor of an alcoholic beverage. Yates then accompanied the ambulance sent to transport Guilford to the hospital in Laramie and instructed Deputy Williams to locate and begin an investigation of the crash site.
[¶5] Deputy Williams left I-80 at the Cooper's Cove exit and drove east on Dutton Creek Road until she came upon Guilford's truck in the proximity of milepost 10. The scene presented somewhat of a puzzle because nothing in the roadway or the surrounding prairie indicated that the truck had been involved in a full rollover. It appeared to have rolled only a quarter of a turn onto its side, but the hood had been severely damaged, the windshield and rear window were shattered and missing, and what appeared to be fragments of a missing camper shell were still attached to the bed of the truck.
[¶6] After a tow truck arrived to remove the Toyota, Deputy Williams drove east on Dutton Creek Road until she spied a camper shell in a field at approximately milepost 9. Also scattered around that area were a ladder, a cooler, a green bag, Guilford's cell phone, and painting supplies. In the green bag, the deputy found Guilford's driver's license, his ...