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Howard v. State

Court of Appeals of Indiana

May 22, 2015

Charles D. Howard, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff

Appeal from the Daviess Superior Court. The Honorable Robert E. Springer, Special Judge. Lower Court Cause No. 14D01-1106-CM-512.

ATTORNEYS FOR APPELLANT: Bryan L. Ciyou, Lori B. Schmeltzer, Ciyou & Dixon, P.C., Indianapolis, Indiana.

ATTORNEYS FOR APPELLEE: Gregory F. Zoeller, Attorney General of Indiana; Chandra K. Hein, Deputy Attorney General, Indianapolis, Indiana.

Pyle, Judge. Barnes, J., concurs in result. May, J., concurs.

OPINION

Page 1188

Pyle, Judge.

Statement of the Case

[¶1] Charles Howard (" Howard" ) appeals his convictions, following a jury trial, for two counts of Class A misdemeanor resisting law enforcement,[1] Class B misdemeanor harassment,[2] Class B misdemeanor public intoxication,[3] and Class B misdemeanor disorderly conduct.[4]

[¶2] Howard makes three disjointed arguments on appeal under a general issue of due process. First, he mainly argues that we should reverse and dismiss his convictions for resisting law enforcement and public intoxication because the trial court never ruled on part of his motion to suppress/dismiss. Second, he argues that any evidence obtained after his arrest should have been excluded because the police did not give him a Miranda warning upon his arrest. Third, he contends that the trial court should have dismissed all charges against him pursuant to Criminal Rule 4.

[¶3] We conclude that Howard's arguments are either waived or otherwise without merit because: (1) the trial court issued a ruling on his motion to suppress/dismiss, and Howard did not object to the admission of evidence at trial; (2) the State did not introduce or seek to admit into evidence any of Howard's post-arrest statements; and (3) Howard did not file a motion for discharge under Criminal Rule 4 or object to the trial court's setting of any of his trial dates. Accordingly, we affirm his convictions.

[¶4] Affirmed.

Issue

Issue

[¶5] Whether the various arguments Howard attempts to raise on appeal are either waived or otherwise without merit.

Facts

[¶6] On June 17, 2011, Howard and his then wife, Tamela Howard (" Tammy" ), lived on Main Street in Washington, Indiana just down the street from the American Legion where Tammy worked. That day, Tammy and Howard got into an argument, and she and the children went to stay at her older son's house.

Page 1189

[¶7] Late that evening, Tammy went into the American Legion to cash a check and was noticeably upset. While there, Tammy told her co-worker, Angie Gottman (" Gottman" ), who was bartending that night, that she and Howard had been in an argument. About five to ten minutes after Tammy left, which was around 12:30 a.m. on June 18, Howard phoned that American Legion looking for her, and Gottman answered the phone. Gottman recognized Howard's voice, and the caller ID on the phone showed Howard's name and phone number. Gottman informed Howard that Tammy had been there but had just left. Howard told Gottman to tell Tammy that he was going to shut off her phone, and Gottman repeated that Tammy was not there. Gottman noticed that Howard " sounded intoxicated and upset." (Tr. 78).

[¶8] Howard hung up but continued to call Gottman back multiple times over the next twenty or so minutes. Gottman repeatedly told him that she did not know where Tammy was and to stop calling. Howard told Gottman, " you are a bitch . . . don't mess with me" and " don't fuck with me, I'll fuck with you." (Tr. 88, 90). After the third or fourth call, Gottman told Howard that she was going to call the police. Howard called Gottman back " taunting" her and asking her where the police were. (Tr. 90). Gottman told him that " if [he] just quit calling [her] this w[ould] stop[,]" but " [h]e kept calling" and sometimes he would hang up when she answered. (Tr. 90). As soon as Gottman hung up the phone, Howard called again. Howard made more than about fifteen calls including hang ups.

[¶9] At 12:48 a.m., Gottman called police to report that she was getting harassing phone calls from Howard, and Washington Police Officers Buck Seger (" Officer Seger" ), Kyle Babrick (" Officer Babrick" ), Greg Dietsch (" Sergeant Dietsch" ), and Officer Kevin Buckley (" Officer Buckley" ) were dispatched to the American Legion. When the officers arrived, Gottman, with a cordless telephone in hand, was standing outside of the American Legion building. As Gottman was telling the officers about Howard's conduct, Howard phoned her again. Gottman showed the officers her phone, which had caller ID, and told them that it was Howard calling her again. At the same time, Gottman pointed down the street toward Howard's house and sad, " there he is right now." (Tr. 119). The officers saw a " male figure" ...


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