from the City Court of Ruston Parish of Lincoln, Louisiana
Lower Court Case No. S-23008 Honorable Danny W. Tatum, Judge
ROGELIO CAMPOS Pro Se
T. BROWN Counsel for Appellee City Prosecutor
STONE, COX, and BLEICH (Pro Tempore), JJ.
a bench trial, the defendant, Rogelio Campos
("Campos"), was convicted of DWI first offense in
violation of Ruston City Ordinance (RCO) 11:98(B)(1) and
failure to signal in violation of La. R.S. 32:104(B). On the
DWI first offense conviction, Campos was sentenced to 180
days, suspended, three months of supervised probation, and
"the standard fine for DWI first in this court." On
the failure to signal conviction, he was sentenced to 10
days, concurrent with the DWI sentence, and "the
standard fine and cost for failure to signal."
charges were billed in separate bills of information, but
were consolidated for trial, and Campos was sentenced in
accordance with La.C.Cr.P. art. 493.1. Campos, now appearing
pro se, appeals his convictions. On review, we find that this
matter is not properly before the court as an appeal.
Accordingly, we consider this matter under our supervisory
jurisdiction. For the reasons stated herein, we affirm
Campos' convictions, but respectfully vacate the fine
portions of his sentences and remand for resentencing.
midnight on November 17, 2015, Officer Dylan Castaneda of the
Ruston Police Department observed Campos make a left turn
without using his turn signal. Officer Castaneda initiated a
traffic stop for failure to signal, and the two pulled over
into a gas station parking lot. Campos was the only occupant
in his vehicle. As Officer Castaneda approached the
driver's side of the vehicle, Campos opened his door, but
remained seated in the driver's seat. Officer Castaneda
asked Campos for his driver's license, but Campos
attempted to hand the officer his social security card.
Officer Castaneda noticed the odor of alcohol emanating from
Campos' person and observed that he had watery and
bloodshot eyes. Officer Castaneda explained to Campos that he
was not under arrest at that point, but that he needed to
advise Campos of his Miranda rights. Campos
indicated that he understood his rights.
Castaneda informed Campos that he had been stopped because he
failed to use his turn signal. Campos asked why the officer
would stop him for that because "people don't use
their blinker." Campos then told the officer that he had
been at a local bar and had consumed a couple of beers. At
that point, Officer Castaneda advised Campos that he was
going to conduct a field sobriety test, and Campos agreed to
Officer Castaneda performed the Horizontal Gaze Nystagmus
test. During this test, the officer repeatedly had to advise
Campos not to turn his head, but only to follow the pen with
his eyes. Officer Castaneda observed all six signs indicating
impairment during this test.
Officer Castaneda instructed Campos to perform the walk and
turn test. During this test, he observed five out of the
eight signs indicating impairment.
Officer Castaneda requested that Campos perform the
one-legged stand test. Campos was unable to balance, and the
officer stopped the test out of concern for Campos'
safety. Campos was arrested for driving under the influence.
trial, Officer Castaneda testified to the above events. In
addition, the audio and video recording from Officer
Castaneda's dash cam in his patrol car was admitted into
evidence without objection. The recording corroborated
Officer Castaneda's testimony.
point during the recording, Campos can be heard asking the
officer if they are being recorded. Campos then turns toward
the patrol car and engages in a monologue accusing Officer
Castaneda of misconduct and coercion and "reserves his
right" to file a challenge to the stop. While en route
to the Lincoln Parish Detention Center, Campos stated,
"I see why people are shooting cops like dogs because of
people like you."
detention center, Officer Castaneda advised Campos of his
rights pertaining to chemical testing and the Intoxilyzer
5000. Campos refused to sign the paperwork, but submitted to
the Breathalyzer test, which revealed a blood alcohol
concentration of .117. After the test, Campos again related
that he had consumed two beers at a local bar and then told
Officer Castaneda he could shove the rights questionnaire up
his armpit. The results of the test were admitted at trial
with no objection. Additional evidence was introduced that
showed Campos was uncooperative at the detention center.
Officer Castaneda testified that, as he was leaving the
building, he observed Campos karate chopping the wall.
conclusion of the evidence, the trial judge found Campos
guilty of the traffic violation and DWI first offense. Campos
was sentenced to 180 days, suspended, and the "standard
fine" for DWI first offense, three months of supervised
probation, and 10 days, concurrent with the DWI sentence, and
the "standard fine" for failure to signal. The
"Conditions of Probation" document signed by Campos
and the trial judge sets out the dollar amounts of the
"fine and/or court costs" in the amount of $940.00
for the DWI conviction and $178.00 for the failure to signal
of the Evidence
first assignment of error, Campos focuses on the alleged
discrepancies in timing of the Intoxilyzer 5000 results and
the dash cam recording to argue that the credibility of the
evidence was so affected that it cannot support the verdicts
issues are raised on appeal, both as to the sufficiency of
the evidence and as to one or more trial errors, the
reviewing court should first determine the sufficiency of the
evidence. State ...