DocketNumber: 49S02-1006-CR-328
Citation Numbers: 929 N.E.2d 196
Judges: Boehm, Dickson, Rucker, Shepard, Sullivan
Filed Date: 6/24/2010
Status: Precedential
Modified Date: 8/6/2023
Supreme Court of Indiana.
Barbara J. Simmons, Oldenburg, IN, Attorney for Appellant.
Gregory F. Zoeller, Attorney General of Indiana, Michael Gene Worden, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.
PER CURIAM.
In 2001, the legislature established two separate misdemeanor classes for operating a vehicle while intoxicated. Operating a vehicle while "intoxicated" is a Class C misdemeanor. See Ind. Code § 9-30-5-2(a) (2004). Operating a vehicle while intoxicated "in a manner that endangers a person" is a more serious Class A misdemeanor. See I.C. § 9-30-5-2(b) (2004).
Here, there was evidence Outlaw was intoxicated, including that he smelled of alcohol, his eyes were bloodshot, his speech slurred and he failed three field sobriety tests. The State concedes, however, there was no evidence that Outlaw operated his vehicle in an unsafe manner. Outlaw was convicted of the Class A misdemeanor and was sentenced to 365 days.
The Court of Appeals reversed that conviction on grounds that, although the State proved Outlaw was intoxicated, the State failed to present any evidence on the element of endangerment. See Outlaw v. State, 918 N.E.2d 379 (Ind.Ct.App.2009).
The State has petitioned to transfer jurisdiction, arguing that evidence of "intoxication" should be sufficient to prove "endangerment" as was the case before the current version of Indiana Code section 9-30-5-2. See Outlaw, 918 N.E.2d at 381-82. We conclude the Court of Appeals correctly rejected the State's argument for the reasons explained in its decision.
We grant transfer, adopt and incorporate by reference the opinion of the Court of Appeals pursuant to Indiana Appellate Rule 58(A)(1). The Class A misdemeanor conviction is reversed.
*197 SHEPARD, C.J., and DICKSON, SULLIVAN, BOEHM, and RUCKER, JJ., concur.
Tin Thang v. State of Indiana , 10 N.E.3d 1256 ( 2014 )
Charles Smith v. State of Indiana ( 2014 )
Tanno Sheard v. State of Indiana (mem. dec.) ( 2016 )
Hubert Wheat v. State of Indiana (mem. dec.) ( 2016 )
Temperly v. State , 933 N.E.2d 558 ( 2010 )
Kahteith Moeseley v. State of Indiana (mem. dec.) ( 2017 )
Matthew Williams v. State of Indiana (mem. dec.) ( 2017 )
Stanley Harris v. State of Indiana (mem. dec.) ( 2018 )
Heath Poortenga v. State of Indiana , 99 N.E.3d 691 ( 2018 )
Cynthia Miller v. State of Indiana (mem. dec.) ( 2020 )
Dorothy Goodpaster v. State of Indiana (mem. dec.) ( 2020 )
Rene Tlatoa-Lara v. State of Indiana (mem. dec.) ( 2020 )
Aubrey Thompson v. State of Indiana ( 2014 )
Garry D. Jackson v. State of Indiana ( 2014 )
Bernard O. Tidey v. State of Indiana ( 2012 )
Jennifer Melissa Milburn v. State of Indiana (mem. dec.) ( 2020 )
Amanda Williams v. State of Indiana (mem. dec.) ( 2019 )