Michael A. Beitler v. State of Indiana (mem. dec.)

MEMORANDUM DECISION
Feb 12 2015, 7:24 am
Pursuant to Ind. Appellate Rule 65(D), this
Memorandum Decision shall not be regarded as
precedent or cited before any court except for the
purpose of establishing the defense of res judicata,
collateral estoppel, or the law of the case.
ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE
Patricia Caress McMath Gregory F. Zoeller
Indianapolis, Indiana Attorney General of Indiana
Chandra K. Hein
Deputy Attorney General
Indianapolis
IN THE
COURT OF APPEALS OF INDIANA
Michael A. Beitler, February 12, 2015
Appellant-Defendant, Court of Appeals Case No.
90A02-1406-CR-425
v. Appeal from the Wells Superior
Court; The Honorable Everett E.
Goshorn, Judge;
State of Indiana, 90D01-1205-CM-160
Appellee-Plaintiff.
May, Judge.
Court of Appeals of Indiana | Memorandum Decision 90A02-1406-CR-425 | February 12, 2015 Page 1 of 4
[1] Michael A. Beitler appeals his conviction of Class A misdemeanor driving
while suspended with a prior judgment within ten years.1 He asserts the State
did not prove he had such a prior judgment, and he requests we reduce his
conviction to a Class A infraction. We affirm.
Facts and Procedural History
[2] On May 30, 2012, Wells County Sheriff’s Chief Deputy Scott Holliday was on
road patrol when he observed an Impala driving in excess of the speed limit.
Deputy Holliday initiated a traffic stop. As he parked his car behind the
Impala, “it looked like there was a lot of movement going on in the car. I
couldn’t tell . . . in my mind what I suspected was going on was that people
were switching around placements in the vehicle.” (Tr. at 6.) When he arrived
at the driver’s door of the Impala, Beitler was in the front passenger seat,
Angela Watkins was in the driver’s seat, and Watkins’ two children were in the
back seat. Watkins’ daughter confirmed that Beitler and Watkins changed seats
after Deputy Holliday pulled over the car.
[3] The State charged Beitler with Class A misdemeanor driving while suspended.
Following a bench trial, the court found Beitler guilty and imposed a one-year
sentence suspended to home detention.
1
Ind. Code § 9-24-19-2.
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Discussion and Decision
[4] Beitler alleges the evidence was insufficient to support his conviction. Our
standard for reviewing such claims is well settled:
When we review the sufficiency of the evidence to support a criminal
conviction, we consider only the probative evidence and reasonable
inferences therefrom supporting the verdict. We neither reweigh the
evidence nor assess witness credibility. And unless no reasonable fact-
finder could conclude the elements of the crime were proven beyond a
reasonable doubt, we will affirm the conviction. That is, we will hold
the evidence sufficient ‘if an inference may reasonably be drawn from
it to support the verdict.’
[5] Buelna v. State, 20 N.E.3d 137, 141 (Ind. 2014) (citations omitted).
[6] Beitler was convicted of driving while suspended with a prior conviction within
ten years.
A person who:
(1) knows that the person’s driving privilege, license, or permit is
suspended or revoked; and
(2) operates a motor vehicle upon a highway less than ten (10) years
after the date on which judgment was entered against the person for a
prior unrelated violation of section 1 of this chapter2 [or] this section . .
.
commits a Class A misdemeanor.
2
Ind. Code § 9-24-19-1 provides: “[A] person who operates a motor vehicle upon a highway
while the person’s driving privilege, license, or permit is suspended or revoked commits a
Class A infraction.”
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[7] Ind. Code § 9-24-19-2 (footnote added). Beitler claims the State failed to prove
he had a prior unrelated judgment for driving while suspended. We cannot
agree.
[8] The State submitted into evidence a certified copy of Beitler’s driving record.
On the third page of that document, under “Convictions,” the record indicates
Beitler was convicted of “DRIVING WHILE SUSPENDED PRIOR WITHIN
10 YEARS” in Allen Superior Criminal Court 4 under Cause Number
“02D040603CM1978”3 on April 3, 2006. (Ex. 1 at 3.) The first page of that
same document indicates that Beitler’s driver license was suspended effective
April 3, 2006, and the “Suspension reason” provided is “DRIVE
W/SUSPENDED –MISD/A.” (Id. at 1.) This evidence was sufficient to
demonstrate Beitler had the qualifying prior judgment required to convict him
of Class A misdemeanor driving while suspended with a prior judgment within
ten years. See Billingsley v. State, 960 N.E.2d 882, 884-85 (Ind. Ct. App. 2012)
(finding certified driving record sufficient to demonstrate required conviction of
driving while suspended). Accordingly, we affirm.
[9] Affirmed.
Vaidik, C.J., and Friedlander, J., concur.
3
Contrary to Beitler’s assertion, this Cause Number does not indicate he was convicted of a “C
misdemeanor.” (Brief of Appellant at 4.) Rather, it indicates he was convicted of a “Criminal
Misdemeanor.” See Ind. Administrative Rule 8(B)(3) (designating “CM” as abbreviation for “Criminal
Misdemeanor”).
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