from the Hendricks Superior Court. The Honorable Mark A.
Smith, Judge. Trial Court Cause No. 32D04-1406-FD-534.
FOR APPELLANT: Paula M. Sauer, Danville, Indiana.
FOR APPELLEE: Gregory F. Zoeller, Attorney General of
Indiana; Karl M. Scharnberg, Deputy Attorney General,
Judge. Kirsch, J., and Barnes, J., concur.
of the Case
Brooks Berg appeals his convictions for operating while
intoxicated, as a Class D felony, and reckless driving, as a
Class B misdemeanor. Berg raises a single issue for our
review, namely, whether the State violated his double
jeopardy rights under Richardson v. State, 717
N.E.2d 32 (Ind. 1999), when it used the evidence it had
presented to the jury to support the reckless-driving charge
to demonstrate the endangerment element of the
operating-while-intoxicated charge. The State concedes on
appeal that this use of the evidence resulted in a violation
of Berg's rights under the Richardson actual
We reject Berg's argument and the State's concession,
and we hold that the trial court did not violate Berg's
double jeopardy rights when it entered its judgment of
conviction against him for both operating while intoxicated,
as a Class D felony, and reckless driving, as a Class B
misdemeanor. Thus, we affirm Berg's convictions.
and Procedural History
In the early morning hours of June 21, 2014, Plainfield
Police Department Sergeant Mike Mason observed a
vehicle--later determined to have been operated by
Berg--traveling at fifty-nine miles per hour in a forty-five
miles per hour zone. Sergeant Mason initiated a traffic stop,
and Berg decelerated and pulled the vehicle into a parking
lot. But, as Sergeant Mason pulled up behind him, Berg "
accelerate[d] hard" and returned to the main road,
fleeing from Sergeant Mason. Tr. at 301.
Two other officers joined the chase. Berg accelerated to 130
miles per hour, but when he turned onto a " very bumpy
county road" he decelerated to between eighty and ninety
miles per hour. Id. at 307. Conditions became "
extremely thick" with fog, it was " extremely hard
to see" if anyone else might have been on the roads, and
Berg was " bouncing all over the roads," "
going from the left side of the road to the right side of the
road, speeding up [and] slowing down." Id. at
308-09. Eventually, Berg attempted to navigate a right turn
but lost control of the vehicle. Berg " crosse[d] the
oncoming traffic," went " down into [a] ditch . . .
on the left side of the road[,] c[a]me back up the other
side of the ditch[,] hit a very large tree[,] and then
launche[d]" the vehicle such that it became "
inverted and land[ed] in the middle of the road . . . ."
Id. at 309-10. Officers then arrested Berg. A friend
of Berg's, Coty Bedwell, was in the vehicle's
passenger seat. Neither occupant was seriously injured.
On June 23, the State charged Berg with numerous offenses. It
later amended its charges to allege, in relevant part, as
follows: resisting law enforcement, as a Class D felony based
on Berg's use of a vehicle to commit the offense;
operating while ...