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Jackson v. State

Court of Appeals of Indiana

January 18, 2017

Elberta N. Jackson, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff.

         Appeal from the Grant Superior Court The Honorable Warren Haas, Judge Trial Court Cause No. 27D03-1601-CM-13

          ATTORNEY FOR APPELLANT Jerry T. Drook Marion, Indiana

          ATTORNEYS FOR APPELLEE Curtis T. Hill Attorney General of Indiana Caryn N. Szyper Deputy Attorney General Indianapolis, Indiana

          Riley, Judge.

          STATEMENT OF THE CASE

         [¶1] Appellant-Defendant, Elberta N. Jackson (Jackson), appeals her conviction for operating a vehicle with an alcohol concentration equivalent (ACE) to at least 0.15, a Class A misdemeanor, Ind. Code § 9-30-5-1(b)(1); resisting law enforcement, a Class A misdemeanor, I.C. § 35-44.1-3-1(a)(1); and disorderly conduct, a Class B misdemeanor, I.C. § 35-45-1-3(a)(2).

         [¶2] We affirm.

         ISSUES

         [¶3] Jackson raises two issues on appeal, which we restate as follows:

         (1) Whether the State presented sufficient evidence to support Jackson's conviction for operating a vehicle with an ACE to at least 0.15 beyond a reasonable doubt; and

         (2) Whether Jackson's due process rights were violated by the imposition of a two-year administrative driver's license suspension.

         FACTS AND PROCEDURAL HISTORY

         [¶4] At 1:10 a.m. on January 19, 2016, officers from the Marion Police Department were dispatched to the Maplewood Trailer Court, located at 1515 South Miller Avenue in Marion, Grant County, Indiana, based on a report that a vehicle had struck a residence. At least four police officers responded to the scene, including Officer George Kilgren (Officer Kilgren) and Officer Joshua Swanson (Officer Swanson). Upon arrival, the officers observed that an older model silver Buick had crashed into one of the trailers, causing significant damage to both the vehicle and the home. Fortunately, although the residents were home at the time of the crash, nobody inside the trailer was injured.

         [¶5] At the time, Jackson was standing in the yard and was visibly irate. Even though Jackson was screaming and swearing, Officer Kilgren was able to discern through her rantings that she had been driving the Buick when her passenger suddenly reached over and jerked the wheel, causing them to leave the roadway and smash into the trailer. Officer Swanson opened the passenger-side door, where Jackson's passenger was still sitting. The passenger informed Officer Swanson that she could not feel her legs or hips, so Officer Swanson comforted her ...


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