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Cummings v. State

Court of Appeals of Indiana

February 11, 2015

Daniel Cummings, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff

Editorial Note:

These opinions are not precedents and cannot be cited or relied upon unless used when establishing res judicata or collateral estoppel or in actions between the same party. Indiana Rules of Appellate Procedure 65(D).

Appeal from the Hamilton Superior Court. The Honorable Gail Bardach, Judge. Cause No. 29D06-1306-CM-4740.

ATTORNEY FOR APPELLANT: Dori Newman, Newman & Newman, PC, Noblesville, Indiana.

ATTORNEYS FOR APPELLEE: Gregory R. Zoeller, Attorney General of Indiana, Katherine Modesitt Cooper, Deputy Attorney General, Indianapolis, Indiana.

Barteau, Senior Judge. Baker, J., and Riley, J., concur.

MEMORANDUM DECISION

Barteau, Senior Judge

Statement of the Case

[¶ 1] Daniel Cummings appeals his conviction by jury of Operating a Vehicle While Intoxicated as a Class C misdemeanor.[1] We affirm.

Issue

[¶ 2] The sole issue for our review is whether there is sufficient evidence to support Cummings' conviction.

Facts and Procedural History

[¶ 3] On June 20, 2013, at approximately 9:15 a.m., Carmel Police Department Officer Chad Amos stopped Cummings for speeding. As he approached the car, Officer Amos smelled a strong odor of burnt marijuana emanating from the vehicle. When Officer Amos asked Cummings for his registration, Cummings shuffled through a stack of papers in his glove box unable to find it. Officer Amos saw the registration in the papers and pointed it out to Cummings. Officer Amos noticed that Cummings' speech was slurred and repetitive, and his eyes were red, glassy, and bloodshot.

[¶ 4] Officer Amos asked Cummings to exit the vehicle, where the officer found a half-smoked marijuana cigarette directly to the left of the driver's seat. As he prepared to administer field sobriety tests, Officer Amos performed a routine check of Cummings' mouth for foreign objects and found a " green plant material floating all around in his mouth, stuck to his teeth, and coating the inside of his mouth as if he had just ...


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