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Crussel v. State

Court of Appeals of Indiana

March 26, 2015

Marvin Crussel, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff

Appeal from the Decatur Superior Court. Lower Court Cause No. 16D01-1310-CM-698. The Honorable Matthew D. Bailey, Judge.

ATTORNEY FOR APPELLANT: G. Allen Lidy, Roscoe Stovall, Jr., & Associates, Mooresville, Indiana.

ATTORNEYS FOR APPELLEE: Gregory F. Zoeller, Attorney General of Indiana; Eric P. Babbs, Deputy Attorney General, Indianapolis, Indiana.

Pyle, Judge. Barnes, J., and May, J., concur.

OPINION

Page 747

Pyle, Judge.

Statement of the Case

[¶1] Marvin Crussel (" Crussel" ) appeals, following a bench trial, his conviction for Class B misdemeanor reckless driving.[1] Crussel concedes that he drove at an unreasonably high rate of speed but argues that we should reverse his conviction because the evidence presented was insufficient to show endangerment. Concluding that the trial court, acting as factfinder, could have reasonably inferred that Crussel's act of driving ninety-one miles per hour in a fifty-five mile-per-hour zone at around 10:30 p.m. in the dark of night on a portion of a country road that had houses and cross streets endangered the safety and property of others, we affirm his conviction.

[¶2] We affirm.

Issue

[¶3] Whether sufficient evidence supports Crussel's conviction.

Page 748

Facts

[¶4] During the evening of October 16, 2013, Decatur County Sheriff's Deputy Rob Goodfellow (" Deputy Goodfellow" ) was parked, in his marked police car, alongside and perpendicular to County Road 1100 South. The deputy was parked on a portion of the county road west of Westport. Main Street in Westport turns into County Road 1100 South. This county road is " fairly straight" but also has " some hills in it." (Tr. 6, 7). The portion of County Road 1100 South where the deputy parked was located in a " rural" part of Decatur County, but there were houses present and there were three roads intersecting ...


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