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Calvert v. State

Court of Appeals of Indiana

July 31, 2014

WILLIAM T. CALVERT, Appellant-Defendant,
v.
STATE OF INDIANA, Appellee-Plaintiff

APPEAL FROM THE HENDRICKS SUPERIOR COURT. The Honorable David H. Coleman, Judge. Cause No. 32D02-1301-CM-114.

ATTORNEY FOR APPELLANT: BRIAN J. JOHNSON, Danville, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana; ERIC P. BABBS, Deputy Attorney General, Indianapolis, Indiana.

NAJAM, Judge. VAIDIK, C.J., and BROWN, J., concur.

OPINION

Page 819

OPINION - FOR PUBLICATION

NAJAM, Judge

STATEMENT OF THE CASE

William T. Calvert appeals his conviction for illegal consumption of alcohol by a minor, a Class C misdemeanor, following a bench trial. Calvert presents two issues for our review:

1. Whether the trial court erred when it tried him in absentia while he was on active duty with the United States Army in Afghanistan.
2. Whether a retrial would violate the prohibition against double jeopardy under Article 1, Section 14 of the Indiana Constitution.

We reverse and remand for a retrial.

FACTS AND PROCEDURAL HISTORY

During the early morning hours of January 19, 2013, then twenty-year-old Calvert, an Army private stationed at Fort Knox, Kentucky, was visiting friends at a residence in Plainfield when a neighbor called police to report that " young subjects . . .

Page 820

[were] consuming alcoholic beverages and . . . urinating in the yard and causing noise and being disruptive." Tr. at 10. Corporal Scott Neville of the Hendricks County Sheriff's Department arrived at the residence to investigate. When Corporal Neville confronted Calvert, he smelled an odor of alcohol coming from Calvert, who submitted ...


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