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Trout v. State

Court of Appeals of Indiana

March 16, 2015

Johnnie M. Trout Jr., Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff

Appeal from the Clinton Superior Court. The Honorable Bradley Mohler, Judge. Case No. 12C01-1401-MI-014.

ATTORNEY FOR APPELLANT: David Whitsett II, Frankfort, Indiana.

ATTORNEYS FOR APPELLEE: Gregory F. Zoeller, Attorney General of Indiana; Henry A. Flores, Jr., Deputy Attorney General, Indianapolis, Indiana.

Vaidik, Chief Judge. Baker, J., and Riley, J., concur.

OPINION

Page 268

Vaidik, Chief Judge.

Case Summary

[¶ 1] According to Indiana Code section 35-38-9-3(b)(3), a person is ineligible for mandatory expungement of their criminal records if they are " convicted of a felony that resulted in bodily injury to another person." Johnnie M. Trout Jr. filed a petition to expunge records of his Class D felony convictions for criminal recklessness with a deadly weapon and pointing a firearm, and the trial court denied his petition. The trial court reasoned that although Trout was not convicted of a felony that resulted in bodily injury to another person, it could not " turn a blind eye" to the fact that Trout was acquitted of attempted murder for shooting and injuring someone during the same incident.

[¶ 2] According to the plain language of the statute, the felonies that Trout was convicted of must have resulted in bodily injury to another person. However, the record shows that neither of his convictions resulted in bodily injury to another person. Therefore, these convictions do not disqualify Trout from mandatory expungement according to Section 35-38-9-3(b)(3). We therefore reverse and remand this case.

Facts and Procedural History

[¶ 3] In 1997 the State charged Trout with four counts stemming from an incident that occurred at the Clinton County Fairgrounds under Case No. 12C01-9707-CF-065 (" Case No. 65" ):

Count I attempted murder

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