G.W. v. State of Indiana (mem. dec.) ( 2019 )

MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D), FILED
this Memorandum Decision shall not be Oct 30 2019, 9:27 am
regarded as precedent or cited before any
CLERK
court except for the purpose of establishing Indiana Supreme Court
Court of Appeals
the defense of res judicata, collateral and Tax Court
estoppel, or the law of the case.
ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE
Patrick M. Schrems Curtis T. Hill, Jr.
Bloomington, Indiana Attorney General of Indiana
Matthew B. Mackenzie
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
G.W., October 30, 2019
Appellant-Defendant, Court of Appeals Case No.
19A-JV-1254
v. Appeal from the Monroe Circuit
Court
State of Indiana, The Honorable Stephen R. Galvin,
Appellee-Plaintiff. Judge
Trial Court Cause No.
53C07-1810-JD-793
Riley, Judge.
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STATEMENT OF THE CASE
[1] Appellant-Respondent, G.W. (G.W.), appeals his adjudication that would
constitute public nudity, a Class C misdemeanor, Ind. Code § 35-45-4-1.5(b), if
committed by an adult.
[2] We affirm.
ISSUES
[3] G.W. presents two issues on appeal, which we restate as follows:
(1) Whether the State presented sufficient evidence beyond a reasonable
doubt to sustain his adjudication as a delinquent child; and
(2) Whether the juvenile court abused its discretion by ordering G.W. to
serve nine months of probation.
FACTS AND PROCEDURAL HISTORY
[4] On September 7, 2018, fifteen-year-old G.W. was in in his art class with several
other students, at Bloomington High School South in Bloomington, Indiana.
P.H., a female student, was seated next to G.W. G.W. began flirting with P.H.
and he asked P.H. what perfume she was wearing. After asking the question,
and while sitting down in his chair, G.W. “pulled his pants down” and exposed
“the shaft of his penis.” (Transcript pp. 12-13). G.W. apologized to P.H. for
his “pubes being unshaven.” (Tr. p. 13). Upset by G.W.’s behavior, P.H. got
up from her seat, exited the class, and reported the incident to the social worker
at her school. The social worker thereafter contacted the police.
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[5] On October 26, 2018, the State filed a Petition Alleging Delinquency, claiming
that G.W. had committed Class C misdemeanor public nudity, if committed by
an adult. The juvenile court conducted a fact-finding hearing on February 20,
2019. At the close of the evidence, the juvenile court adjudicated G.W. as a
delinquent child. At a dispositional hearing on May 2, 2019, the juvenile court
ordered G.W. to be placed on nine months of probation and to participate in
various court-ordered services.
[6] G.W. now appeals. Additional facts will be provided as necessary.
DISCUSSION AND DECISION
I. Sufficiency of the Evidence
[7] When the State seeks to have a juvenile adjudicated a delinquent for
committing an act that would be a crime if committed by an adult, the State
must prove every element of the offense beyond a reasonable doubt. C.L. v.
State, 2 N.E.3d 798, 800 (Ind. Ct. App. 2014). When reviewing the sufficiency
of the evidence supporting a juvenile adjudication on appeal, we neither
reweigh the evidence nor judge the credibility of the witnesses. Z.A. v. State, 13
N.E.3d 438, 439 (Ind. Ct. App. 2014). We consider only the evidence most
favorable to the judgment and the reasonable inferences therefrom, and we will
affirm if the evidence and those inferences constitute substantial evidence of
probative value to support the judgment. C.L., 2 N.E.3d at 800.
[8] To make a true finding of delinquency against G.W. for Class C misdemeanor
public nudity, the State was required to prove beyond a reasonable doubt that
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G.W. knowingly or intentionally appeared in a public place in a state of nudity.
Nudity is statutorily interpreted as “the showing of the human male . . .genital,
pubic area, or buttocks with less than a fully opaque covering, . . . or the
showing of covered male genitals in a discernibly turgid state.” I.C. § 35-45-4-
1(d).
[9] On appeal, G.W. casts doubt as to whether P.H. saw his penis. At the fact-
finding hearing, P.H. testified that G.W. pulled down his sweatpants and
exposed the “shaft of his penis.” (Tr. p. 13). G.W. then apologized to P.H. for
his “pubes being unshaven.” (Tr. p. 13). G.W.’s request for us to disregard
P.H.’s testimony is nothing more than a request for this court to reweigh the
evidence which we shall not do. Therefore, we conclude that the State
presented sufficient evidence beyond a reasonable doubt to support G.W.’s
adjudication.
II. Disposition
[10] G.W. contends that the juvenile court abused its discretion when it ordered him
to serve nine months of probation.
[11] “A juvenile court is accorded ‘wide latitude’ and ‘great flexibility’ in its dealings
with juveniles.” J.T. v. State, 111 N.E.3d 1019, 1026 (Ind. Ct. App. 2018)
(citing J.S. v. State, 881 N.E.2d 26, 28 (Ind. Ct. App. 2008)). The choice of a
specific disposition of a juvenile adjudicated a delinquent child is a matter
within the sound discretion of the juvenile court and will only be reversed if
there has been an abuse of that discretion. Id. “The juvenile court’s discretion
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in determining a disposition is subject to the statutory considerations of the
welfare of the child, the safety of the community, and the policy of favoring the
least-harsh disposition.” Id. An abuse of discretion occurs when the juvenile
court’s action is clearly erroneous and against the logic and effect of the facts
and circumstances before it. Id.[12] At the disposition hearing, Mary Ellis (Ellis), the probation officer assigned to
G.W., recommended that G.W. should be placed on nine months of probation
and compete the following services: mental health evaluation and follow any
recommendations; participate in therapy at Centerstone; “[c]ontinue
homebound schooling” and engage in “pro-social activity.” (Tr. p. 48). When
asked what pro-social activity entailed, Ellis stated that G.W. would be required
to either “obtain a job or join a club or a team.” (Tr. p. 49). G.W. agreed with
the recommendations offered by Ellis but requested a shorter probation of six
months considering he was already participating in some of the services
recommended by Ellis. (Tr. p. 59).
[13] On appeal, G.W. argues that he “had already engaged in several of the services
required before the dispositional hearing occurred.” (Appellant’s Br. p. 10).
Without further detailed explanations, G.W. additionally states that the
“curfew restrictions on fulfilling some of the pro-social” activity “could be a
hinderance.” (Appellant’s Br. p. 10). G.W. also argues that he “did not pose a
threat to the community, and the conditions placed on [him] could potentially
disrupt his family life and autonomy. . .” (Appellant’s Br. p. 10). Therefore,
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G.W. posits that the “nine months of probation versus six months of probation
seem excessive and unreasonable.” (Appellant’s Br. p. 10).
[14] The dispositional order shows that the juvenile court considered the
“Preliminary Inquiry/Predisposition Report” and the “the Risk Assessment”
report (collectively, Reports) prepared by the probation department.
(Appellant’s App. Vol. II, p. 22). The Reports showed that G.W. has a history
of juvenile delinquency preceding his public nudity charge. Specifically,
G.W.’s history of juvenile delinquency includes public intoxication, driving
while suspended (multiple), disorderly conduct and public intoxication, failure
to have proper registration, conversion, battery, battery resulting in bodily
injury, and operating while intoxicated. The Reports indicated that G.W. was
unemployed, and his social activities included playing “video games, bike-
riding with friends, and meeting his friends at Laser Tag.” (Appellant’s App.
Vol. II, p. 88). While G.W. admitted to drinking alcohol once, he indicated
that he smokes “marijuana” once “every other week” since the “pot makes”
him feel “productive and happy.” (Appellant’s App. Vol. II, p. 13). G.W.
additionally reported that he has “overdosed on Xanax twice” and “huffed
butane once.” (Appellant’s App. Vol. II, p. 13). G.W.’s “overall risk
assessment score” put him in the “MODERATE/HIGH risk category to
reoffend.” (Appellant’s App. Vol. II, p. 13) (bold in original).
[15] In the dispositional order, the juvenile court stated that it considered the
Reports, the recommendations from the probation department, and the
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testimony offered at the dispositional hearing. The juvenile court consequently
entered the following findings:
2. [G.W.] requires appropriate services to address his delinquent
behavior. These services are set forth in the order, below. The
services are designed to meet [G.W.] specific needs.
3. The following disposition is consistent with the safety and the
best interest of the child. It places [G.W.] in the least restrictive
setting, least interferes with family’s autonomy, is least disruptive
of family life, imposes the least restraint on the freedom of the
[G.W.] and [G.W.’s] parent, guardian, or custodian; and
provides a reasonable opportunity for participation by [G.W.’s]
parent, guardian, or custodian.
(Appellant’s App. Vol. II, p. 22). Ordering G.W. to complete nine months of
probation, the juvenile court also ordered G.W. to: complete a mental health
evaluation; continue ongoing therapy at Centerstone; continue ongoing
schooling through Homebound; and engage in a “pro social activity.”
(Appellant’s App. Vol. II, p. 23).
[16] Based on the foregoing, the juvenile court considered all the evidence presented
and rejected G.W.’s request for a short probation of six months, finding that the
nine months of probation and the additional court-ordered services will enable
G.W. to get therapy, treatment, and education he needs to rehabilitate himself.
The juvenile court’s findings and disposition were not unreasonable in light of
the evidence presented and we affirm its decision to sentence G.W. to serve
nine months of probation and participate in various services.
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CONCLUSION
[17] Based on the foregoing, we conclude that the State presented sufficient evidence
beyond a reasonable doubt to support G.W.’s adjudication. Also, we conclude
that the juvenile court did not abuse its discretion in ordering G.W. to serve
nine months of probation and participate in various services.
[18] Affirmed.
[19] Vaidik, C. J. and Bradford, J. concur
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